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TRUTH ESPOUSED, 

RELATIVE TO THE DIFFICULTIES THAT EXISTED 
IN THE TOWN OF MANCHESTER, MASSACHUSETTS, 



BETWEEN JAMES THTTRSTON, MINISTER OF THE GOSPEL, AND A. RESPECT- 
ABLE NUMBER OF THE INH -^BITVNTS OF MANCHESTER — 4ND WHICH 
OCCASIONED A MAJORITY OF THE MALE MEMBERS OF THE 
CHCRCH, AND A RESPECT ABLE PROPORTION OF THE PARISH- 
IONERS TO SECEDE FROM THE SOCIETY IN SAID TOWN, 

APRIL 5th, 1819. 
SUBJOINED 

rS A GENERAL VIEW OF THE COUNCIL DOINGS, IN RELATION TO' 
THE DISMISSAL OF JAMES THURSTON FROM THAT SOCIETY, 

JUNE 17th, 1819. 
ALSO, 

SKETCHES OF THE LAW-SUIT, JAMES THURSTON, PLAINTIFF,,. 
TYLER PARSONS, DEFENDENT. 

ANNEXED 

¥s james thurston's memorial to the council, presented 

by leverett salstonstall, esq. at the installation 

of the rey. samuel m. fc-mi'rsgn, at manchester, 

SEPTEMBER 12th, 1822. 



BY TYLER PARSONS. 



" He is a freeman whom the truth makes free, 
And all are slaves besides. There's Hot a chain, 
That hellish foes, confederate for his harm, 
Can wind around him, but he casts it off, 
With as much ease as Samson his green withes.?' 







COWPER. 



DEDHAM *. 

PRINTED BY H. k, W. H. MANN. 

1823. 



Y 






DISTRICT OF MASSACHt^ETT^— to wit: 
BE TT R M EMBK RI.D, I hat on the seventeenth day of April, is 
tne vear of our Lord one thousand eight hundred and twenty-three, and in 
the forty-seventh year of the independence of the United Mates of America, 
1 *les Parsons, of the said district has deposited in this office, the title of 
a book, the right whereof he claims as author, in the words following, to wit: 

41 Truth espoused, rel. tive to the difficulti s that existed in the town of 
IVIcncbester. Massachusetts, between James 'lhurston, Minister of the Gos. 
pel, and a respectaale number of the inhabitants of Manchester, and whick 
occasioned a majority < f the male members of the church, a id a respectable 
proportion of the parishioners to secede from the society in said town, April 
5th, 1819. Subjoined is a general view of the council doings, in relation to 
the dismissal of James lhurston from that society, June 17th, 1819. Also, 
sketches of the law-sait, James lhurston, plaintiff, Tyler Parsons, defendant* 
Annexed is James I hurston's memorial to the council, presented by L^verett 
Saltonstall, Jhsq. at the installation of the Rev. Samuel M. Emerson, at Man- 
Chester, !-e ( ternber l£tb 182*. By 1 yler Parsons. 

u hei« a freeman whom the truth make* free, 

And all ate slaves besides. 1 here's not a chain, 

That hellish foes, confederate for his harm, 

Can wind around him but he casts it off, 

With as much ease as hamson his green withes." cowfer. 

In conformity to an act of the Congress of the United States, entitled,, 
"An act for the encouragement of learning, by securing the copies of Maps, 
Charts, and Books, to the authors and proprietors of such copies, during the 
times therein mentioned ;" and also to an act, entitled, "An act, supplemen- 
tary to an act, entitled an act, for the encouragement of learning, by secur- 
ing the I opies of aps. ( harts, and Books, to the authors and proprietors 
of such Copies, during the times therei mentioned; and extending the ben- 
efits thereof to the arts of designing, engraving, and etching historical and 
other prints." 

T W T>4VIK S Clerk of the Distridl 
J. \\. UAVis, ^ f Massachusetts 



TO THE" CANDID HEADER, 

THE COMPILER MOST RESPECTFULLY OFFERS 

Tmm wwmmwAwmw § 

In hopes to receive that patronage that is usu* 
ally bestowed on the truth : and those favours 
frequently shown to those persons which advo- 
cate it. Having no other object in view than 
public good and justifiable ends. 

TYLER PARSONS. 



PREFACE, 



THE Author of this pamphlet, having noticed a newspaper 
publication, of the award given James Thurston, in the action 
where James Thurston was plaintiff, and Tyler Parsons defend* 
ant, — (he award announced, was fifteen hundred dollars. The 
above being published without any thing said or done by the de- 
fendant, for the purpose of showing to the public the origin of the 
difficulties that led to this suit, has, in some instances, and proba- 
bly in many, been injurious both to the character and intesest o£ 
the defendant,— and to confront certain reports in circulation* 
where the character of the author is unfairly implicated, and to do 
away those misconceptions on the public mind, that must have 
been made, together with the indispensable duty that I owe to 
myself, to my family and the public, is the object of this publica- 
tion. I come before the public with the impression, that every 
candid and impartial reader, will, by a careful perusal of the frtcts, 
and other circumstances produced in this manuscript, be ltd to 
believe, that 1 have not aimed at any thing more than the truth, 
impartiality, and precision ; believing it to he as important to ad- 
vocate the truth io this case, as it is m any ease to go to law for 
justice. 



It will be my object in this publication, to give a candid, an 
unvarnished statement of the transactions in Manchester, in rela- 
tion to the difficulties that have taken place between James Thurs- 
ton, the congregational preacher in the town of Manchester, and 
that church and parish — and which occasioned a majority of the 
chureh male members, and a large and respectable part of his pa- 
rishioners to leave the society, and become connected with the 
Rev. Nathaniel W. Williams' Society in Beverly. The charges 
as believed by the disaffected, are comprised in a general view 
from one 4o eight; together with many of the attending circum- 
stances, that induced us to believe that Thurston was a bad citi- 
zen, a bad minister, and a bad man. 

1 shall endeavour to show the various transactions on both 
sides of the subject — the town meetings, altercations, and otber 
circumstances that transpired from time to time, that the reader 
may be able to form as good a clue to the business as t bough he 
was present, up to the time that the disaffected seceded, viz. 5th 
of April. 1S19. After that, as you will see by the documents an- 
nexed, we know nothing of the doings of Thurston and the town 
except what we learn from their papers, handed the council the 
2d June, and the 17th June, 1819, adjournment of council. I 
here exhibit to you all the doings of the council that they made 
public, or that has come to my hands. Also some genera! views 
of she law-suit Thurston plaintiff, the author defendant; together 
with such remarks on *U the town meetings, council proceedings, 
the evidences in the law suit, as is calculated to explain to the 
reader the object and manner which I understood all the proceed- 
ings at that time— -with a strict regard to truth, without the least 
intention of colouring or garbleing the proceedings in any particu- 
lar whatever. 

I shall here remark, that at the time of our seceding from the 
society in Manchester, we were not in possession of the testimony 
of Doct. Mussey, nor the testimony of Doct. Dewey ; but not- 
withstanding that, the circumstances were such as induced us to 
believe, what we have since hy their evidence proved to demon- 
stration in our minds, that our beliefs were well fouuded in relation 
to the dissection report; and as it respects the letter that Thurs- 
ton circulated, and thnt we believed he knew to be false; and that 
Thursion had au agency of getting Boct. Dewey to Manchester, 
his denying of it to the contrary notwithstanding. I shall en- 
deavour to pursue it in the order and in succession, as tuey took 
$ace, to the end of this pamphlet. 



IN my prefatory remarks, T have undertaken to show to 
the public, the charges which the church and parishioners had 
against James Thurston ; and. not having a fair opportunity (as 
we conceived) of preferring them against him, caused about ninety 
heads of families, including a majority of the male members of the 
church, and including the fern lie members, making, as you will see 
by t he list of seceders annexed, about four and twenty church 
members. 

Charge 1st It was believed by us that James Thurston's con- 
duct in Manchester, had been such as to destroy his usefulness as 
a teacher of piety, morality, and virtue; and that we had lost that 
confidence in him that should exist between the church, parish- 
ioners, and the minister, in order that they may be useful to each 
other. 

Charge 2d. It was also believed that Thurston did take a bun- 
dle of shingles from the school-house in Manchester, in an ungen- 
tlemanlike and unchristianlike manner, and that the said Thurston 
did prevaricate and make false statements, in relation to his ob- 
taining those shingles, to Mr Burnbara and Capt. Burgess. 

Charge 3d. It was believed that Thurston had an agency in 
getting Doct. John Dewey, then of Hanover, N. H. to come t@ 
Manchester in the capacity of a physician, in the year 1815; 
and wherj the said Dewey was at Manchester, that the said Thurs- 
ton did advise said Dewey to tarry there in his said capacity, 
stating to him as an inducement that he might have a fine oppor- 
tunity for private dissection in Manchester, as there would not be 
the least difficulty in obtaining subjects there. 

Charge 4th. It was believed that Thurston had slandered the 
inhabitants of Manchester, in a most disgraceful manner, without 
cause or provocation, contrary to the laws of God or man. 

Charge 5th. It was believed that Thurston had called a town 
meeting, January 20th, 1819, for the purpose of getting a select 
committee, with an intention of evading a proper enquiry into the 
reports that are contained in the before- mentioned charges. 

Charge bth. It was believed that Thurston did pr< fer certain 
charges against himself, before the committee on the 15th day of 
February, 1819 — charges which had never been a subject of liti- 
gation or examination, either in church or town, to our knowl- 
edge ; and that said charges were brought tty said Thurston, know- 
ing himself, that they were not true, and for the purpose of pre- 



6 

ventmg those which we believe he knew to he true, frrcm being 
preferred and investigated. The charges which I allude to. that 
said Thurston preferred against himself, hs reports were, ^s he 
said, that he whs charged v\ith l fornificaiion" and of '-grit in? one 
girl with child."' as the said Thurston expressed himself before the 
committee on the 1 5th of February, 1 8 1 9, at th> iChooi-house. (Rt ft r 
to that meeting.) 

Charge 7th. It was also believed that Thurston did pretend So 
go a journey into the country, for the purpose of S( eing Doct D* w- 
ey, then residing in the town of Lancaster, N. H. in orih-r to pre- 
pare the way for a letter to ex hone rate him the said Thurston, 
from charge the third, which you find st ited in ^n txtract of a let- 
ter from Doct. R. T). Mussey, of Haimver, N. H. to Doct. Thomas 
SewalK Ipswich, Mass. hearing dte 26th of October, 1818. 

Charge 8th. it was believed t bat Tnurston sometime in the 
month of February, or the Srst of March, following bis pretended 
journey, did receive a letter by mail, purporting to have been 
written and signed by Doct. John Dewey, of Lancaster. N H. 
that if was, as we understood, raided at ^n office in a town in the 
State of Vermont >bout 20 or 30 miles from where e. id Dewey 
?*ved, and that said Thurston did circulate said letter amo,;g his 
friends in Manchester, as a true letter from said Dewey — it being 
a false letter to the contrary not withstanding. 

Thus far our belief, before we seceded from said Thurston. 
After that date, our beliefs were confirmed by the testimony of 
Boct. Reuben D. Mossy, and the testimony of Doct. John Dewey, 
annexed — that said Thurston did advise Doct. Dewey to go to 
Manchester in 18 15, although the said Thurston did repeatedly 
deny it; and that the said Thurston did request Doct. Dewey to 
give him the said Thurston a statement or certificate, to lay before 
the town of Manchester, such a one as we believe said Thurston 
must have known to be false, vis. in relation to his having an agen- 
cy in getting Doct. Dewey to Manchester, in 1815. (Refer to 
Dewey's testimony.) And we were further confirmed that the 
letter that Thurston predicted h« should have from Dewey, in 
answer to bis letter of December 4th. 181 8, or January 14th, 1819, 
scr.t Dewey, was not answered by said Dewey, as you will see by 
Dewey's testimony annexed ; and that Thurston not being able 
to get Dewey to give him a false Idler, or false statement, or cer- 
tificate, or any letter at all, did, in the month of March following 
his writing Dewey, to give him what he calls an honorable ltttcr 9 
as you will see in Thurston's letter to Dewey, dated January 14th 
1819 — I say Thurston not being able to obtain this honorable let- 
ter, did circulate fyalse letter, purporting t© bav« ceme from John 



f 

D n wy, as a true letter, to exhonorate him the said Thurston from 
the charge in iViusSey's letter toSewall of advismg Doct. Dewey 
to iriny in Manchester lor the purpose of private dissections. 

I here remark, the reader will see that Thurston sa<i s, as by 
the testimony of Burgess, th*t he took great pains to get tilts- Letter 
above alluded to. By a careful perusal of all tne testimony, and 
ail the circumstances here produced, 301J will see, I presume, all 
the charges proved to the satisfaction of every candid mind. 

I shall endeavour 10 show the reader tin- f .,ets and occurrences 
that took (dace from nine to time, together with such remarks as 
is calculated to show the grounds on which our beliefs were thus 
formed. In this view of the business it will be necessary forme 
in order to be concise as possible, and at the same time give the 
reader a full ?iew of the Crise. I must often refer to papers and 
dates; and I shall be under the necessity of using Thurston's flat 
and indelicate language in some instances, that I should not have 
dune were it not for that precision intimated in my prefatory re- 
marks The reader will pardon me, I presume, when I make a 
remark on the nature of truth, aud will agree with me in believ- 
ing with some of the greatest writers in the world, in order to 
have a consistent knowledge of truth — and that to have its full 
and fair weight, we should be divested of all prejudice or partiali- 
ty, on either side of the question, and look at things s they are in 
themselves, and to farm our ideas concerning tbem conformable to 
their nature, ia order to do that, we must set out with a fixed 
and incontestable principle, that our understanding has within it- 
self strength sufficient, if unprejudiced, to arrive at the knowledge 
of truth, and to distinguish it from error. Especially in things 
wherein our respective duties are concerned, provided we employ 
all tuat care aud attention, that usually lies in our power for that 
purpose. 

I proceed to substantiate my first charge. There was a lamen- 
table division and unhappiness in the church from time to time, 
from aud <;fter a few years of Thurston's settling in Manchester. 
It grew in the first place from Thurston's interfering with Doct. 
Grosvenor's medicine aud practice, as 1 was informed. They hud 
been frequently at a great, distince in respect to good feelings; it 
was soon discovered that Thurston's disposition was peculiarly 
ungrateful — disposed to exhibit a disposition of revenge, unyield- 
ing to truth in many respects. At length he took up the low and 
degraded part of speaking in a sarcastic manner from the desk. 
This was a dangerous mode of warfare ; he began by comparing 
3ome of his hearers of either church or parish, to the dog in the 
manger; to rickety children, whose heads grew faster U*a& theft 



s 

bodies, indicating a disorder ; others out of the desk, to the saucy 
boy, stealing the old man's apples — you will recollect the old fa» 
bles. These unchristian and ungeuileraan-like speeches, soon 
ali mated the affections of many ; they did destroy all fellowship 
and brotherly love, and created ill blood. The members of the 
church met for the purpose of enquiry into these base and unwar- 
ranted allusions ; it was thought best that 1 should have a private 
interview with Thurston I accordingly attended to it; 1 stated 
to him what he had said in the desk, and out of the desk, by way 
of degrading me particularly. This business was called up by the 
church afterwards, and the members required that Thurston should 
eouffss his faults— and the confession ought to made as broad as 
the offence; in hopes that Thurston would see his errors, and in 
future treat us as he would like to be treated. It was then con- 
cluded to call a church meeting, to he held in November, 1816 — 
the object of the meeting was to endeavour to reconcile the dis- 
affected; as a preparatory measure, it was considered best to 
choose a committee, to draw up seme rules and regulations of dis- 
cipline, conformable to the spirit of the gospel — to be laid before 
the charch, at a future meeting of the church, for their approbation 
and acceptance, 

1st. Voted, to choose a committee of seven. 

2d. Voted, that James Thurston, Tyler Parsons, Gefferd Gold- 
smith, Doct. David A. Grosvenor, Dea. Nathan Allen, John Gir- 
dler, and Jonathan Allen, be the committee. 

Some time elapsed before any one would uudertake to write a 
rule of discipline; it was expected that Mr. Thurston would at- 
tend to it, but he refused, 1 accordingly attended to it ; after 
having completed the same, Mr. Thurston called at my house, aud 
enquired of me if i had finished m} remarks on church discipline; 
I replied yes, and that the paper was signed by all the committee 
except himself and Mr. Goldsmith ; Goldsmith living about three 
Kiiles distant, was the reason of his not signing it, as it had not 
then been presented him. Thursion requested to have the min- 
utes to take home to peruse before he signed them. I then read 
the remarks that I had penned, and asked him if he had any ob- 
jection to them ; he said no — but he would take it home to iook 
over. He carried the papers home with him; in the course of 
eight or ten days, I heard that he had carried it to the Minister 
in Gloucester to get an opinion. 1 calied on Mr. Hartshorn, then 
Minister at Gloucester, aud made some enquiries — as 1 understood 
he had been called on by Thurston. He said to me that he did 
not see any thing prejudicial to t'ie vital inteit-sl *>f the church. 
1 had learned previous to my calling on Mr. Harishorn, that 



Thurston had resolved not to hive those rules adopted in the 
church, if he could prevent it. This was the object of my calling 
on Mr. Hartshorn. Not long after this. Capt. John Girdler, one 
of the committee, came to me with a paper, purporting to be a 
rule of discipline for the church from Mr Thurston, to see rf I 
would abandon the system 1 had introduced, and adopt his. I ob- 
jected on this account — "that as Mr. Thurston had refused in the 
first place, having any thing to do with the matter, 1 had attended 
to it ; and that there would be the greatest impropriety in my ac- 
cepting of that, especially where all the committee except two, 
had signed it, for the purpose of laying the same before the church, 
for their approbation and acceptance." The time appointed for 
the church to n^eet at the dwelling-house of Mr. Thurston, for the 
purpose of laying these rules before them, accordingly met, and 
the committee presented the rules annexed, for their approbation, 
and acceptance. Here was much debate by Thurston ; he ap- 
peared to show his usual habits. "The church ought not," said 
Thurston, "to pass any vote to accept that as a rule of discipline ; 
that it was calculated to destroy the present platform @f faith and 
belief; that it was capable of a three-fold meaning; that the word 
emanate was pernicious, and would produce much evil." In the 
course of his remarks. Thurston observed, that a minister was en- 
titled to dou'-'le honour—and to use his own words, "Brethren, you 
see my name is not there.'''' I replied to al! his remarks — 1st, that 
the whole of those rules had nothing more or less in them than 
such as the simplieitj of the gospel held up to our view ; and, 
that in the room of being calculated to destroy, they were intended 
to aid, and build up ; as it respects (he word emanate, that so much. 
stress is laid on, it was nothing more than the act of proceeding 
from the heart, &c. But as it rtspects his name not being on 
that paper- it would be nothing more than James Thurston if it 
was there ; and that we would wish him to remember, that in that 
very paper, we had agreed to call no man master on earth. We 
did not like these insinuations — that ministers, as he told of, should 
have double honour, except they behaved doubly as well as their 
neighbors ; in that c ase, they always would have double honour, 
and double profit By this time the vote was called lor, and was 
adopted unanimously, I believe, except Mr. Thurston, and the 
meeting was dissolved. 

Here follows the simple rules — so simple, though a fool in many 
other respects, may not err therein, i wish the christian reader 
to look through all these rules, and tell me what there is contrary 
to the religion that the Bible holds out to view. Is it not perfect- 
ly consistent with the dictates of conscience; is there a man on 
earth, in this enlightened country, that will dare to deny, that all 
% 



10 

men have a right to worship God'm that manner they believe will be 
most agreeable to his will and pleasure. These rules of discipline 
is the first public paper, marked iNfo. I, signed by the committee 
chosen for that purpose. All the official papers will be numbered 
and marked, and come in rotation, in order to give the reader the 
shortest way to get at the facts. 

(NO, 1.) 

Agreeably to a vote of the church, at a meeting held Novem- 
ber, 1816, tor the purpose of settling, transacting, and carrying in- 
to effect any measures that should be considered expedient for the 
good of the church and society, and of promoting the cause of re- 
ligion, it was voted to choose a committee, to draw up some reg- 
ulations, conformable to the spirit of the gospel,- and to lay the 
same before the church, for their approbation and acceptance. 

Brethren of the Church — In compliance with your request, your 
Committee after due consideration, and with gospel diffidence, beg 
leave to report their views respecting a christian walk and gospel 
discipline in this church. And First. — There should be a com mi t- 
teechosen from among the male members of the church, for the ex- 
press purpose of aiding, assisting, and relieving, so far as is in 
their power, any member of the church, in any difficulty they may- 
fall into, where the character of the church is interested, so far as 
is within the rules of the Gospel ; also to adjust, transact, and 
carry into effect, all, and every matter or thing, relating to the ex- 
penditures of the church, or incomes of the same — and report an- 
nually, for the general satisfaction and mutual interests of the 
church. 

Second. The plain and fair meaning of all gospel rules, ap- 
pears to your committee of the first importance. With the view- 
to impress the duty we owe to each other, as well as to observe 
the regulations of the church, jour committee feel it their duty to 
lay before you their opinion relative to the good order of the 
church, and the permanent happiness of its member*. In the first 
place, let each and every member, endeavor to cultivate the most 
charitable views towards each other ; endeavoring to esteem each 
other, better than himself; remembering that the gospel disci- 
pline requires a tender conscience, making love, the characteris- 
tic of all our religion. Your committee are fully aware of (he 
privileges that christians have a right to embrace, in all mutters 
of conscience. Our views on this head are, that we are to call no 
man Master on earth; and to let no man, or consociated bodies of 
men, lord over us, in doctrine or discipline ; remembering that one 
is our Master, who is Christ — to whom we are all accountable, and 
that the ministers of Christ are brethren. 

Your committee, so far from lording over God's heritage, do 
conceive it as an inherent right of all mankind, to worship God in 
th <t manner, which they believe to f »e most acceptable to him. 
And that civil government, nor any religious test, that have been 
hitherto formed, have any just right to retain or coerce the exer- 
cise of our religiojs faith ; it being the essence of all true worship, 
that t should emanate freely, and voluntarily, from the heart ;— 
fully believing, that he that feareth God and worketh righteous- 



11 

uess. will be accepted of Him. The above, you will see, are 
among the privileges of the gospel. Your committee feel it their 
duty to express their opinion respecting the commands of the gos- 
pel ; that, notwithstanding there is every reasonable indulgence 
granted, in matters of conscience, yet there is no allowance for us 
to indulge ourselves in any thing vicious; but does forbid, in the 
most pointed light, every species of vice and immorality. As for 
instance, the practice of speaking evil of each other, or of any 
man ; of going from place to place, introducing the occasional 
difficulties that may from time to time take place, with the view 
of exciting the aid and sympathy of the one, to the prejudice and 
injury of the other. This is among the evils of our day, and has 
already produced the most bitter effects. Let every man speak 
truth of his neighbor 

Brethren, amongst the many duties, privileges, and commands 
of the gosoel, as expressed by your committee, they would not 
wish to omit expressing their most sincere views respecting the 
duty we owe to him, who has engaged here to lead in spiritual 
things. While he is forbidden to even think to lord over God's 
he ritage, we are also reminded, that we must not want to be mas- 
ters ourselves While he is commanded to teach with all long- 
suffering, and doctrine, we are reminded to esteem him for his 
works s ?ke ; while bis duty calls him to pray with, and for the 
sick and distressed, our duty engages us to visit him, when sick 
and disressed. As his happiness much depends on having gos- 
pel fellowship with the members of the church, and especially the 
officers of the church, — so does the happiness of the members of 
the church, and especially the officers of the church, much depend 
on being in gospel fellowship with him. And without endeavor- 
ing to cultivate and reduce to practice, such sentiments as have 
been expressed by your committee, we have bo expectation of a 
gospel blessing. 

Your committee are further of opinion, that the forsaking the 
assembling ourselves together, has a very unhappy tendency, and 
is subversive of the order that the gospel strongly recommends. 
We therefore advise, that quarterly conferences be held by the 
church. Further, that it is highly necessary that there should be 
church books kept, to record all our proceedings ; and that the 
pastor, or teacher, should keep them ; and that he should endeav- 
or to attend, as his duty, to preside as chairman in all our meet- 
ings, held for church business ; and that there be a church trea- 
sury kept, treasurer chosen annually, so that there may be some 
regular way of managing the church concerns, which will prepare 
the way for the standing committee to transact the business which 
necessarily devolves on them. Further, your committee advise, 
that any s application from one or more male members of the 
church, with the advee of the pastor, should be considered as 
sufficient to call a church meeting ; and notice of such meeting, 
given from the desk requesting the members of the church to tar- 
ry after the services are ended, and the object of the intended 
meeting declared, so that every member may have an opportu- 
nity of approving or disapproving. 

Finally, brethren, most affectionately ask of e-;ch and every 
one. publicly to renew those vets of devoted ness to our Master's 
cause, that we have long since made ; and those purposes of mu- 



i% 

lual co-oneraiion *nd assistance which we have had from each 
other. LU us watch over one another, for mutual improvement, 
encouragement and happiness. Let us endeavor, as much as in 
us !Wh, to animate each other's efforts. Let us pray for each oth- 
er's fidelity and success, so that we may finish our course weli. 
Most respectfully submitted to the Church, for their approbation 
and acceptance. Signed b) the Committee. 

TYLER PARSONS. 

NATHAN ALLEN. 

DAVID \ GROsVENOR. 

JOHN GIRDLER 

JONATHAN ALLEN. 

Soon after these church rules were adoped, it excited the re- 
venge of Thurston, as appears. He began to insinuate that Mr. 
Persons would produce great evil in the church. He conversed 
with Mr. Jonathan Allen, a church member, and others, on the 
subject; and intimated to him, that Pirsons, Bingham, and Lee, 
would have to ieave the church, or not commune, and the like. 
Many other reports came from abroad, calculated to injure the 
feeimgs of particular mem .era of the church, and if not seasonably 
prevented, would he injurious to the character of the church gen- 
erally. From what we could learn, th>se reports Cr.me by the 
way of Mr Thurston. We according!, called a meeting the Slh 
of May, 1817, to meet at the dwelling hous* of air. Henrj Lee. 
Mr Thurs on was notified of the meeting, and was present. 

1st. Vohd, that Henry Lee be chairman, and Deacon D. L. 
B ngham scribe. The reason we would not have Thurston chair- 
man, according to our rules before mentioned, was, because he 
was called there to answer to certain reports, that we believed he 
got into circulation, injurious to our feelings, and the happiness of 
the church. We then proceeded to enquire of Mr. Thurston if 
he had said thus and so. He declined answering. At length he 
said he did not recohect of saying as we stated. Mr. Allen being 
present, was asked if Mi. Thurston made such and such statements 
to him. He said that he did. Thu-ston immediately left the 
room. This is Ins usual habit, when called to account for his 
conduct with us. We then voted, 1st, that it was the opinion of 
the church, that Mr. Thurston had got into circulation reports in- 
jurious to the character of the church. 2d. Voted, that a letter 
be sent to Mr. Thurston, by the chairman and serine of this meet- 
ing, giving him their views of the situation of the church. The 
Ittter was deferred until the 1 3th of June next, for the purpose 
that Thurston may have an opportunity of accommodation, and 
time to adjust the business All hopes of reconciliation in a gos- 
pel way being at at end, the letter was sent Mr. Thurston, dited 
June 13, 1817. (No. 2, annexed.) Yuu vviil see in tins letter. 



18 

the facts in support of my first charge— -"that all confidence its 
Thurston was lost, or did not exist in the church at that time." 
You will see in this letter, the opinion and the real situation of 
things. For the further support of the charge, I refer you to the 
affidavit of John Girdler, a church member at that time ; and fur- 
ther, to the sayings of the council, in their papers that difficulties 
of a long standing, I suppose they allude to, about those days — 
Further, look at Thurston's reply to this letter from the 
church, of June 13th — Thurston's letter dated June 17, 1817; — 
there you will see how he seems to evade an examination, aiid 
absolutely denies of ever knowing any thing about this meeting, 
or even being on trial. Take a retrospective view of the whole 
of the circumstances up to this time, and judge whether the first 
charge is supported or not ; then look through the reply to Thurs- 
ton's letter dated June 23, 1317 — (marked No. 4.) signed Tyler 
P trsons, Henry Lee^— the opinion of the committee from the 
church; and should you be of opinion that the first charge is net 
sufficiently supported, 1 wish you to suspend your judgment till he 
the said Thurston advances to the date of April 5, 1819, at the 
time so respectable a number of the church and society was com- 
pelled to secede from Thurston and the society. 

(No. 2.) 
Mr. J jlmes Thurston. — Sir The church of the town of Manchester' 
have met from time to time, to enquire into certain reports in circulation, 
where the character of the church was interested, and have found by exam- 
ination of you and others, that you have been the author of those reports, 
and without just right or cause you have hastily, imprudently and designed" 
ly misconstrued the motives of the church brethren ; and in addition to that 
your disrespectful treatment to many of your church brethren and 
parishioners, has in the opinion of the church brethren, many of them, im. 
paired your usefulness, and has been the first cause of all the difficulties atd 
evils which now exist in the church. Your conduct generally has beef suck 
as to excite in the minds of the sisters of this church, a great degree of sym- 
pathy, in favor of you and your measures, and has in the same proponio* 
raised their prejudices against their brethren ; and has occasioned your 
brethren, as a church, to withdraw their fellowship from you, and has led 
them to adopt, and publicly declare, their rights and privileges, and will for- 
ever maintain them. 

Dattd Manchester, June 13th, 1817. 

signed, HENRY LEE, Chairman. 

D. L. BINGHAM, Scribe. 

(Here follows Thurston's reply :) 

(No. 3.) 
Manchester, June 17, 1817. 

Deacon Delucen a. L. Bingham — Sir, A communication has been 
landed to me with your signature, bearing date the 13th instant, and giving 



u 

it to be understood that some answer bad been expected from me to a former 
communication, or to "charges" therein contained i received indeed the 
communication referred to, but did not know that any answer to it was ex- 
pected, desired, or was necessary. It proposed nothing, it requested nothing, 
it demanded nothing. It accused indeed, and pronounced condemnation. It 
accused me of being the " author of certain reports," of having lt hastily, 
imprudently and designedly misconstrued the motives of the church breth- 
ren," of " disrespectful treatment to many" of my " brethren" and many 
" of my" parishioners, of being " the first cause of all the difficulties and 
evils which now exist in the church," and of exciting " in the minds of the 
sisters of this church a great degree of sympathy in favor of me and my 
measures ;" and it purported that the brethren as a church had withdrawn 
fellowship from me. But to say nothing of the spirit and style of the com- 
munication, the charges were in terms too general to admit of an answer. 
Besides, the answer, had any been made, must have been, it would seem, too 
late. Though I have had no knowledge of any regular steps or process in 
the case; yet if it is so, as the said communication purports, that the church, 
as a church, has withdrawn fellowship from me, that is, in other words, has 
excommunicated me ; then what have i to do? Condemned unheard, and 
oven without notice that I was to be upon trial, of what use would it be for 
me now to attempt to answer, to plead, or to remonstrate ? If I am an of- 
fender, or have committed any thing worthy of death, I refuse not to die ; 
^ut if there be none of these things whereof thou accuse me, " I have only to 
commit myself to Him who judgeth righteously.'' 
With due respect, &c. 

JAMES THURSTON. 

Rkmark. — It wiiJ be notified, that Thurston directs his letter 
to Deacon D. L. Bingham, rather than Henry Lee and D. L. 
Bingham, as a committee. You will recoHect that Thurston ob- 
jected to putting his name to the church articles — therefore, the 
said Thurston would never acknowledge any thing done under 
ihe direction of that committee; it was thought proper for two of 
the committee to reply to the letter sent Bingham. Reply as 
follows. 

(No. 4.) 

Manchester, Jane 23, 1819. 
Mr. James Thurston — Sir, We shall offer no apology to you for the 
liberty we take in answering your letter, dated the J 7th instant directed to 
Delucena L. Bingham ; you made him the organ of communication, not- 
withstanding you was informed that all your communications mu:t t»e di- 
rected to the Committee; unprecedented as may be y ur mode of treating 
Fubjccts of the most important concerns, which can affect society, you seem 
to choose to evade a fair and candid answer to our letter With the above 
introduction, we shall take up your letter as it reads, f nd treat it in a gospel- 
like manner. First you admit there were no charges alleged against you ; 
if so, what is the course for you, if you know your brother ha3 aught against 
us. "Go and be reconciled to your brother," is the gospel proposition— 'lis 
the gospel request 'ti w the gospel demand. Notwithstanding you say the 
letter from the church, directed to you, proposed nothing, requested noth- 



15 

tug, demanded nothing. You say it accused indeed. Yes I and we believe 
the accusation to be just. You were the author of certain reports, as stated 
to you. You well know you treated your brethren in the manner they have 
stated to you. You say the charges were in too general terms to admit of 
an answer. This mode of evasien sir, we highly disapprove. You know 
they were too true to be denied. You say we have excommunicated 
you, condemned you unheard, and even without notice of being on trial; and 
of what use would it be for you now to attempt to answer, to plead, or to 
remonstrate ? We will answer. Sir, you know the above statement is false. 
You were notified to attend the church meeting to answer to certain reports 
wbich you were said to be the author of; you accordingly attended ; and 
from your own testimony, was found chargeable, and justly condemned ; 
Does this look like giving you no notice of the trial as it respects the ex- 
communicating of you ? You well know the sentiments of your Committee ; 
the power exclusively belongs to the church and parish from which you have 
your maintenance. It will be of no avail to you, sir, to answer evasively, 
or to plead innocent. As for remonstrating, we despise the allusion of 
your having power to that effect ; this is not the first time you have spoken 
of remonstrating ; we wish you to remember, we call no man master on 
earth ; and that there is no law but the law of love to govern Christians : 
neither does it require any other. 

You say if you are an offender, and have committed any thing wor- 
thy of death, you refuse not to die. You well know, sir, you have offend- 
ed, and you cannot expect the fellowship of your offended brethren, till your 
confession is made satisfactorily to them, and that as broad as the offence. 
The allusion in your letter, of having done any thing " worthy of death," 
we say we have made no such allegation ; we are sorry that you should 
be so pusillanimous as to allude to that passage in scripture. We have a 
right to expect of you the truth, and that without the least evasion ©r du- 
plicity. If you had always maintained the course that the gospel points out, 
you would not have been in this unhappy situation. Had you always spo- 
ken the trutb of your neighbor, and maintained a gentleman-like, much more 
a cbristian-like treatment towards your brethren and parishioners, then you 
would have probably lived in love and fellowship ; then you might have 
reasonably expected a gospel blessing. But now you cannot ; it is in vain 
for you to expect it, unless you endeavor to cultivate and practice a gospel 
spirit. You will endeavor to treat the subject in future, with all that candor 
that the gospel demands. Direct your communications to the subscribers, as 
a Committee of the Church, if you please For most probably this thing 
will have a public investigation, unless you seek peace and pursue it, agreea- 
bly to the requests and demands of the gospel. We are, with due respect, 
your Committee of the Church of Man«hester. 

TYLER PARSONS. 

HENRY LEE. 
Mr. James Thurston, Manchester. 

This leads me to remark — It frequently was a subject of con- 
versation with the church members, what course was best to adopt. 
After repeated meetings of a majority of the church members, it 
was concluded on, to advise to the suspension of the the adminis- 
tration of the ordinance of the Lord's Supper, for this reason — we 
thought it would be the height of impiety to pretend to that sacred 



16 

orajn^rjee with snch feelings, and such beliefs of the ariminislra* 
lion as we entertained. The members met for the purpose of 
examination among themselves, of ail the reports and facts that 
hid as jet come to their knowledge. \V r e found if Thurston should 
think best to acknowledge his false statements, and other immoral 
conduct that we believed hmi guilty of, it would not answer the 
public ;-r-aj3d that the, parishioners h-d a right to know all the 
truth, that had in any shape been made public. It was further 
urged, that there was reports by this time in circulation, of such a 
nature as tended to bring the members of the church as a christian 
society, into disrepute. And further, that a transaction once 
made public, could not be made private ; and therefore, for the 
honor of the religion we prof* ss, and the happiness of the church 
and society in this town, Jam- s Thurston ought to be dismissed. 
At this time, a report was in circulation., that Mr. Thurston 
had advised Doct John Dewey, in the year 1815, to tarry in 
Manehesier in the character of a physician. And among other 
inducements, he told Dewey that Manchester was a fine place for 
'private dissection, as there was not the ieasi difficulty in obtain- 
ing su'jects there. Thus far the report, ^.fter this came out, 
with alt the rest of the charges then against Thurston, it was 
thought expedient to obtain a copy of the letter that contained 
the above report. I accordingly called on Doct. Thorn is Sew all, 
of Chebaco, now in Essex. r^eeting the report. He said it was 
true. I requi sied the letter, in order to copy the extract relating 
to Thurston's advising Dewey, as the report stated. The follow- 
ing is an extract of the letter, dated the 26th of October, 1818, 
signed Reuben D. Mussey, to Doct. Thomas Sewall. 

(NO. 5.) 
"Doct. Dewey was in town the other day, anil on reference to your 
difficulties, he repented his surprise that the Rev. Mr. i hurston ha« interes- 
ted himself so ardently against you; inasmuch as he urged him to tarry at 
Manchester in the capacity of a physician, by a motive which seems to be in 
opposition to the course he is now taking. He told Doct. i*ewey he roi^ht 
have a tine opportunity for private dissections in Manchester, as there would 
not ue the least difficulty in obtaining subjects there. 

" Yours, &c. REUBEN D. D1U&SEY. 

To Doct Thomas Sew all. 
Hanover, October "26, 1813. 

This charge in Mussey's letter to Sewall, was mule known to 
Thurslon, and he dinted it, in his usual way of denying every- 
thing alleged against hi'in, however well supported. As Thurs- 
ton denied it so roundly, and in so many different places, 1 thought 
it advisable lo get Dewey's affidavit to the point. I then wrote 
Lfoa. xVlussey on the su. ject, as you Will see by my ieiter atiuex- 



17 

ed, dated Manchester, November 24th, 1818, (marked No. 6.) 
l)oct. Mussey bein^ a gentleman of the first respectability for 
truth, a Pfj.fessor at Dartmouth College, and having no induce- 
ment to state any ihing more than what he heard from Doct. 
Dewey directly, induced many of us to believe it to be a fact, both 
in relation to Thurston's stating to Dewey, and Dewey relating 
the same to Doct. Mussey. Here follows my letter to Mussey, 

(No. 6.) 

Manchester, Nov. 24, 1818. 
Dr. Reuben D. Mussey. — Dear Sir, Yours of the 26th of October to 
Doctor Thomas Sewall has necessarily been made known to Mr. Thurston. 
He has denied the conversation between him and Dr. Dewey as is stated in 
yours. I give you this early information, in order that you may be prepar- 
ed to disclose the whole truth An affidavit from Dr. Dewey will be of the 
first importance —the sooner the better I have placed the utmost confi- 
dence in what you wrote: Mr. Thurston I am told expects to get an affida- 
vit from Dr. Dewey, or some other person, to the contrary. 1 presume you 
will make no delay to obtain Dr. Dewey's testimony, as it will be of the first 
importance to the inhabitants of Manchester. I shall not be disappointed, 
if Mr. Thurston is found guilty of the conversation with Doct. Dewey, and 
also of denying the same. Write me on the receipt of this if you please. 

Yours, &c. TYLER PARSONS. 

(Reply by Doct. Mussey, as follows.) 

(NO. 7.) 

Hanover, N. H. November 28, 1818. 
Dear Sir — I this evening received a letter from you, in which you 
state, that a remark of Dr. Dewey's, mentioned in my letter to Dr. Sewall, 
has been made known to Mr. Thurston. Why this was necessarily made 
known to him as you state, I do not know ; but I had no doubt of the truth 
of Dr. Dewey's statement, nor indeed can I have now although you say Mr. 
Thurston denies it. If Mr. Thurston does deny it, the probability is that he 
has forgotten the conversation It did strike me with surprise, as it did Dr. 
Dewey, that a gentleman should offer to one physician the facility of obtain- 
ing and dissecting dead bodies, as an inducement for him to settle in his par- 
ish, and persecute anothei physician with unremitted zeal for the same thing, 
even before any adequate evidence was obtained of the fact. But men, even 
good men, often act inconsistently ; and it may be argued in Mr. Thurston's 
favor, that he has had time to change his views upon this subject, in addition 
to his having forgotten the conversation. We are bound to put the most favo- 
rable construction upon the whole of his conduct. Whether Dewey may think 
it worth while to give an affidavit in confirmation of his statement, I do not 
know—nor does it particularly interest me to know ; but I presume he will 
never deny any thing I have stated. I am of opinion, that no one who is ac- 
quainted with me, will charge me with falsehood or misrepresentation in this 
thing ; should this, however, be the case, I shall be ready, when legally call- 
ed upon, to make oath to the statement which I mentioned in my letter to 
Dr. Sewall, as coming from Dr. Dewey. If you wish for an affidavit, perhaps 
your best way is to write to Dr. Dewey for it. This business you can accora- 

3 



18 

piish as weTl as it is in ray pewer to do. Ke lives in Lancaster N*. H. s»ev» 
enty miles from this place, and is very seldom here. About the time I wrote 
to Dr. Sewall, he passed through this town, on his return homeward from a 
long journey ; he will probably not be again in Ranover for many months — 
I hope that you will be able to make a speedy aMd amicable adjustment of tbil 
affair. Your's, fcc. R. D. MUbSEY. 

Mr. Tyler Parsons. 

I hpre remark, that Doct. Mussey believes, as in his letter, that 
Thurston did advise Doct. Dewey, as Dewey had told hira, al- 
though Thurston, as he says, denies it. Mussey further says that 
he is ready to testify to the truth of what Dewey told him. Yon 
will see that Mussey makes this statement, in order that Thurston 
may call up Doct. Dewey if he dare, or wishes. But does Thurs- 
ton do it ? No. he does not. You will see by John Girdler's tes* 
timony annexed, that Thurston had ihe original letter that accu- 
sed him, and two certified copies taken of it; bad he not the orig- 
inal sufficient time to take counsel ? — Surely, if Thurston was in- 
nocent, it was a base charge; and if he was guilty of such con- 
versation with Doct. Dewey, as is stated by Mussey, and then de- 
ny it in the manner he did, he is a base man. The circumstan- 
ces are so apparent, we did believe Thurston guilty of this charge. 

I have thus far produced you ihe report, and in what manner it 
came to Manchester — as it respects Thurston's advising Doct. 
Dewey to come to Manchester in 1815. — Thurston has in the 
most solemn manner denied having any agency iu his coming 
there, either directly or indirectly. If we now show that Thu.s- 
ton had an agency in getting Dewey to Manchester, then the 
third charge I behe»e you will say, is supported to all intents and 
purposes In the first place Doct Dewey came to Manchester in 
1815, with letters of introduction to Capt. Burgess and others; he 
soon found Thurston out. Thurston immediately waits on Doct. 
Dewey — to Maj. Burley Smith, and elsewhere, recommending 
Dewej? as a m*n of the first talents, &c. How came he so well 
acquainted with Doct. Dewey in a moment? Did Thurston not 
tell Mrs. Alien, the wife of Capt. John W. Allen, a short time be- 
fore Dewey came to Manchester, that there was a physician on 
his way to this town— (see Girdler's testimony annexed ) Thurs- 
ton being at variance with Doct. Grosvenor at this tune, as you 
will see by Smith's testimony the 15th of February, given at the 
school-house. Now look at the testimony of Burgess annexed, 
and the testimony of Doct. Dewey, dated March 13th, 1820. — 
There Dev\ey says he has an impression th.it Thurston did know 
of his going to Manchester, before he went tin re, and that Thurs- 
ton had an agency in relation to his going there, although he has 
by Utter, requested me (s«»ys Dewey,) to give a statement ovcertifi- 



43 

cate to the contrary — or requested me to certify what I think he, 
Thurston, must have known to be false. 

I ask the reader if the third charge is not supported. Examine 
the testimony of Mussey, of Dewey, of Girdler, of Burgess, and 
the circumstances 1 believe you will say is sufficient and more 
th;n sufficient. Will not the circumstance of Thurston's reques? 
ting Dewey to give him a false statement or certificate, be suffi- 
ci..-ut to induce any one to believe that he will dm any thing to 
g^t u\) false papers, to acquit him from any charge he may have 
been guilty of; as the truth is. we the disaffected were satisfied of 
the guilt of Thurston., by all the circumstances, independent of the 
testimony of Doct. Mussey, or Doct. Dewey. 

I now wish the reader to look at all the circumstances attend* 
ing Smith's testimony at the school-house, the 15th of February, 
in support of the fourth charge — of slandering the inhabitants of 
Manchester. Look at the town-meeting of January 20th, 1819, 
and the circumstances attending it, in support of the fifth charge. 
Look at the meeting of February 1 5th, 1819, and see the charges 
Thurston preferred against himself, and of his subsequent conduct, 
and then judge if the sixth charge is not supported. Look at the 
testimony of Girdler, Amnoble and Burgess, in support of the sev- 
enth charge, together with all the circumstances attending. Look 
at Burgess's testimony in support of the eighth charge — viz. the 
false leUer business ; see the circumstance of Capt. Martin's going 
te get a copy of it — my going with Deacon Bingham and others. 
1 say look at all the circumstances, all the depositions tha* relate 
to it ; then take the fact as in Doct. Dewey's deposition, where 
he says that he has not written J antes Thurston any letter, or signr 
ed any letter, &c. — refer to his deposition in support of the eighth 
charge.. 

(No. 8.) 

To the Selectmen of Manchester. 
Gentlemen — i his is to request you to call a legal meeting of the 
Inhabitants of this town, as soon as you conveniently can, for them whem 
together and duly organized, to receive a communication from me, as their 
Minister, and to aot thereon, astheii wisdom shall direct. 

January 13, 1819. Yours, J. T. 

A true Copy — Attest, Samuel Dana, Seribeof the Council. 

It will be necessary to make some remarks on all these meet- 
ings, for the purpose of explaining the understanding we the sece- 
ders had of them at that lime. You will see this extraordinary 
petition to the town, communicates nothing, as it appears. The 
wnote town was assembled — Thurston then wants a committee, 
as he says, to enquire into certain reports He is not ready to tell 
what reports — ueuiier does he say who he wanted ou that coafc 



20 

mittee, although we could easily judge. We then supposed that 
Thurston intended to get a select committee, and produce some 
kind of letters or papers before them, such as h*> saw fit, and 
they report their opinion to the town at some future meeting, in 
order to crush the whole truth. You will see that he wrote a let- 
ter to Doct. Dewey the day after this petition is written ; there 
you will see what he wanted — an honorable letter to la j before the 
committee. It seems he felt sure of getting this committee In 
that case you will see be was disappointed in «>ueh a committee 
as he probably wished for — (refer to the meeting of the 20th Jan.) 
Dewey perfectly understood what Thurston meant by this honora- 
ble letter, therefore he declined giving Thurston any letter at all— 
Thurston threatening him in his letter to (he contrary notwith- 
standing. You will recollect that Dewey says in his deposition, 
that Thurston had requested him in some other case, to give a 
statement — such a one as Thurston must have known to be false. 
Here follows Thurston's letter to Dewey. 

(No. 9.) 

Manchester, Jan. 14. 1819. 
Dbmr Sir— I wrote you the fourth of last month respecting the very 
unhappy situation I was brought into, by reason of certain reports said to 
come from you — and which have been made use of to convey the idea — it 
was bartering away the dead bodies of my people to induce your continuance 
in Manchester. My people are apprised that 1 have written to you m full 
expectation that you would counteract those reports, and they are much dis- 
appointed that I have had no answer from you. A warrant is now going up 
for a town meeting, to choose a Committee, in consequence of the difficulties 
which have arisen entirely from this source If I can obtain an honourable let- 
ter from you to lay before the Committee, our difficulties will, I doubt not, 
come to a happy termination ; but if not, painful consequences must ensue both 
to you and myself. How can you reconcile the thought of being the instru- 
ment of pouring disgrace upon me, and driving me from my people- all which 
might be prevented by your seasonably complying with my most just and 
reasonable request. Dear sir, I canaot think you will fail to forward me a 
Utter by the mail, without further delay. 

I again subscribe myself your afflicted friend, 

JAMES THURSTON. 

This may certify, that the foregoing is a true copy of a letter in my pos- 
session, received per mail from the Rev. James Thurston. 

Lancaster, N. H. March 13, 1820. JOHN DEWEY. 

I supposed that Thurston called the letter he predicted he should 
have, an honorable letter, to lay before this meeting coming. 
Would he have dared to have laid such a letter as he circulated in 
Manchester before the town ? 'Tis possible he might have presen- 
ted it to such a committee as he probably expected to get, agree- 
able to his communication. Here he states to Dewey, that his 



Mi 

difficulties have arisen entirely from this source ; but if be can get 
an honorable letter to say before the committee, &c. — (Refer- 
ence to Thurston's letter.) Here follows the meeting agreeable 
to the petition. 

(No. 10.) 
At a town meeting legally notified and held at the Meeting-House in 
Manchester, on Wednesday the 20th day of January, i819, to receive a com- 
munication from the Rev. James ! hurston — First chosen, Maj. tsaAEi. Fos- 
ter, Moderator — Secondly, voted to choose a committee to receive Mr. 
Thurston's communication, to consist of three, viz : Nehemiah Goldsmith, 
Deae. Nathan Allen, Joseph Hooper. 

Accordingly this committee waited on Mr. Thurston, who ac- 
companied them to the meeting- house, where the inhabitants were 
assembled — full house. Thurston came forward and delivered his 
message as follows : 

(No. 11.) 

To the Inhabitants of Manchester, now convened in Town Meeting : 
Gentlemen — Whereas certain reports are in circulation, injurious to 
my moral and religious character, as your minister, and which greatly dis- 
turb the peace and happiness of the town — I hereby express my desire, that 
a committee may be chosen by the town to enquire into those reports, and to 
take such measures relative thereto as thev may think proper — and then to 
make report ol their doings as their wisdom shall direct. I am gentlemen, 
respectfully yonr's, JAMES THURSTON. 

Manchester, Jan 20, 1819. 

A true copy. Attest, SAM'L DANA, Scribe of the Council. 

Thurston having read his message, a motion was soon called 
for to grant the request of Thurston, viz. a committee. Consid- 
erable debate took place ; it was argued on the part of Thurs- 
ton, that there was the utmost propriety of granting him a com- 
mittee lo hear his complaints, without his being obliged to n?ime 
theconjplaints to the town, or reports as Thurston called them ; 
and if they the committee thought adviseable to report at some 
future time, &c. On the other side it was urged that Thurstoa 
had assembled this town together as they expected by bis peti- 
tion to hear something from him in relation to certain reports as 
in his communication ; and that the town were assembled and 
ready to hear what Thurston hud to say, and that it was expe- 
dient that the whole town shou'd know what these reports were, 
that Mr. Thurston's moral and ministerial character were injuted 
by them, as Thurston said ; and if they did no; prove true, we 
ought as a town to have him acquitted ; and if ihere was such 
reports as has been intimated, am\ are true, as we do beli< ve they 
are, he ought to be dismissed. In redy on the part of Thurston, 
it was contended for to choose a committee for Thurston Agree- 
able to his communication. A commiitee of three was named; 
before the vote was called for, the whole house was named as 
committee — confusion. Finding the house divided, and should 



28 

aot be able to accomplish any thing, Mr. Thurston stated, if the 
town would grant him a committee to meet at any future time, 
they may then in town meeting agree on, that he would then 
be ready to nuke his statements, and to answer to any qaesiion 
that may be put to him, &c. He w-ts replied to, we are now 
ready to ask you certain questions in relation to certain reports 
tnat we have heard respecting you and your doings, and you, if 
innocent, can answer to us; and tins is a proper time; you have 
called us here for that purpose, as we expected ; and according to 
all ruAes you should be ready. "Fis for us to complain of not 
being ready, if any one, as we do not know precisely what your 
reports are. Reply from the other side— Let there be a commit- 
tee chosen to meet on a certain time say 15th of February next, 
to hear all the reports from Mr. Thurston, or any one e'se against 
him, and let this committee report at March meeting next, their 
doings. Agreed to with this proviso, that the meeting should be 
an open town meeting. Agreed to, with thiF proviso, that if any 
man was chosen on the committee that intended to present any 
charges against Thurston, he should then and there be taken off the 
committee. Thurston declared that he would be willing; to be siftid 
like wheat, and that every man, woman aud child, should know the 
character of your Minister, and that they would love him ten times 
as much as even I condescend to use this Thurston's declaration 
in his own flat language for the sake of precision. Proceeded 
then to choose a committee. Voted the committee consist of 
s ven. Voted to add eight to the committee. Voted committee, 
Henry Story, R chard Allen, David Colley, John Alien, Thomas 
Leach, Andrew Martin, Dea. D. L Bingham, Abiall Bargess, Is- 
rael Foster, Wm. Fisk, Samuel M WilJinms, Nathan Allen, Eheri- 
ezer Tappan, Stephen Smith, John Knight. Then voted that the 
committee meet the 3d Monday of February next at 9 o'clock, at 
tlbe school-house; the committee to sit at their own expense. 
True Copy of Ri cord, D. L. BINGHAM, Town Clerk. 

The reader will not forget that Thurston has at this time 
pledged himself, that is, to use his own words, to be sifted like 
wheat, at the meeting of the 15th of February next. I will here 
remark, at this time there is a large majority of the committee on 
the part of supposing Thurston innocent, as we had reason to sup- 
pose from their actions. Thurston was indefatigable in the mean 
time to exclaim and give us to understand that he was innocent 
in relation to what he supposed was going to be pr* fered against 
him. This memorable day of 15th February arrives; the com- 
Hiittee assrnbled; much excitement; full house; close doors by 
committee; half house; then open doors; the people assembled; 
committee organized ; «bose Major Israel Foster Moderator, 
Samuel M. Williams Clerk. Mr. Thurston appeared and ad- 
dressed the Moderator, stating that there was reports in circula- 
tion injurious to his moral and ministerial character, and request- 
ed to have the liberty to state them. He then said that he should 
be willing to have any charge preferred against him providing 



S3 

they could be supported agreeable to the law of God. He fheia 
by leave of the Moderator read from the Bible the \5fh verse ofllie 
19f/i of D'jteronomy, that is, you will render by the mouth of 
two or three witnesses all things shall be established. Here some 
debate took place ; it was considered a violation of the agree- 
ment, when tli!3 meeting; was proposed, we were then informed 
by Henry Story a leader in this committee, addressed to the Mod- 
erator, that the commiftee had come to this conclusion, to have 
two good evidences to support any charge against Thurston. This 
inference was then drawn, if any charge was preferred against 
Thurston, and supported hy one evidence, and corroborated by 
a thousand circumstances, so apparent that every man in the 
house was morally bound to believe it, and actually did believe it, and 
for the want of the other positive evidence, the committee are hound 
to say that thty do not believe him guilty of the charge preferred. 
I ask isii.is doing as you would like to be done by, in order to ob- 
tain just ce ? And on the part of Thurston, does this look like being 
willing to be sifted like wheat ? However, we were in Provident e 
prepared to sift him a little closer than he perhaps supposed, 
by his Deuteronomy rules. We informed the Moderator we 
were read} to comply with thege rules, though we considered 
them a deviation from the rules agreed on in town meeting of the 
20th of January. Capt. A. Martin replied bethought that the 
best way whs to have every thing brought forward, and hear all, 
and give it what weight it required. 1 would remark here, if th y 
had done that, it would havt s. vtd this town some thousands of 
dollars in my opinion, and the truth in all its uuvarnished state 
would have appeared there; justice and truth would have em- 
braced each other. 

1 proceed to observe, that Mr. Thurston came forward with hi? 
report ; he then and there stated that it was reported that he, 
said Thurston was 1st. Guilty of fornication. 2d. He was said to 
be guilt v of being often with the women ani girls. 3d. That he 
had tiot one pirl with child. 4th. That he was guilty of taking a 
bundle of shingles from the school house in a clandestine and 
fraudulent manner. 5th. He was guilly of encouraging a certain 
physician, John Dewey, to tarry in the town of Manchester, 
stating it to be a good place to carry on private dissections. 

These reports and charges Mr. Thurston produces, you will 
observe, against himself; pretending that he should prove himself 
innocent. It was to be expected that Thurston would have pro- 
duced some evidence in order to acquit him, as he produced all 
the specific charges. The committee inquired if any one had any 
charge to prefer against Thurston. Yes was the answer. Can 
they be supported by two good evidences? Yes, replied half a 



24 

dozen evidences. It was further remarked as it respects the re- 
ports of Thurston brought against himself, viz. three first charges, 
<£e. never had been a subject of litigation either iu church or 
town to our knowledge ; as it respects the other charges, we 
presume it can be proved to the satisfaction of this committee, 
that Mr. Thurston took a bundle of shingles from the school 
house in an ungentleman like manner. As it regards the last 
charge thai Thurston produces, viz. his advising Doctor Dewey 
to tarry in Manchester for the purpose of private dissection, no 
doubt, it is believed by many, and probably will prove true event- 
ually. But for the purpose of showing this last charge is true, 
we must prove what led to it — and we are now ready to proceed 
to prefer one charge against Thurston, and endeavor to prove the 
charge as follows accusation marked No. 1. 

Accusation against James Thurston, for wickedly, maliciously, and impi- 
ously, without just cause or provocation, contrary to the laws of Jiod and 
man, did, in the presence of witness, in a violent manner assert, and slauder- 
ous'y report, in the Town of Manchester, as a covetous, malicious, and Indian 
Sett of people ; thereby giving a fult exhibition of his disposition, his malice, 
and his hvpocrisy. injurious to the peace, the character, and the intent of the 

inhabitants of Manchester. 

Manchester, February 15. 

Therefore, the subscriber requests this respectful committee,, to enquire 
into the above named wicked, malicious and impious slander, — and report 
their judgment accordingly, for further investigation, if necessary. 

Signed, TYLEB PAKSONS. 

This charge was denied by Thurston. I wi'l here remark, in 
proving this charge, as here alleged, against Thurston. I prove 
the four. h charge agreeable to the statement proposed. To pro- 
ceed — the evidence was called — Major Burley Smith was sworn 
to tell the truth, the whole truth, and nothing but the truth, in the 
case now iu hearing, &c. 

SMITH began by observing, that his testimony was lengthy — and as 
'if. was attended with so many circumstances, that it would require patience 
of the committee to hear all of it ; and as the time was so long since the affair 
atppened, probably something had passed his memory — but the principal of 
the history whs- distinctly in his mind. Sometime in the year 1815, (I be- 
lieve it to have I'een about the middle of November,) 1 moved into Manches- 
ter out of the country, as many of you knew, having been absent from Man- 
chester for some time ; after moving down to Manchester, 1 began to en- 
quire about the affairs in town. 1 soon found that Mr. Thurston and Doct. 
Grosvenor were contending as usual. Not long after I removed to Man- 
chester, Mr. James Thurston came to my house, with a young man, Doct. 
Dewey, as he introduced him to me, and said that he was from Hanover, N. 
H. and that he (Dewey J had come to Manchester for the purpose of estab- 
lish ing himself in the line of his profession as Doctor. Mr. Thurston soon 
leu u. room. Then Doct. Dewey soon made his business and intentions 



&5 

known more fully to me; he observed, "that he understood that Doc& 
Grosvenor our present physician had but little practice in town; and as I 
have come here for the purpose of settling, I would wish to make some en- 
quiries of you," said Oewey, "respecting my encouragement to settle in Man- 
chester, as a physician." Reply by Smith. "I have been absent from this 
place about two years in the country, therefore 1 am not sufficiently acquain- 
ted with the situation ofDoct. Grosvenor, as it respects his practice in this 
place, and therefore I must decline giving you an answer at present." Dew- 
ey replied, "I have been to the principal men in this town, and have not seen 
any one that would give me an opinion on this subject ; but it is of impor- 
tance to me, as I should not like to settle in any place, where I could not be 
useful to myself and society general ly." Doct. Dewey inclined to have me 
give him my opinion in relation to his tarrying in Manchester ; as he repeat- 
edly urged the business, I told him that I would consult some of my friends 
and acquaintance, those that would be likely to be good judges, and would 
then answer him on that subject— he left my house. After a few days, I 
made such enquiries, and of such persons as I thought best judges, respecting 
Doct. Grosvenor's intentions of leaving the town — and I found by enquiry, 
that Doct. Grosvenor had no intention of leaving town ; and that Mr. Thurs- 
ton and Doct Grosvenor were at variance. 1 made enquiries of the cause of 
all this noise between them. I found that the general voice of the people 
was, that Mr. Thurston had interfered with Doct. Grosvenor's medicine and 
practice among the sick. And further, it was said that Mr. Thurston had 
beeu the whole means of advising Doct. Dewey to Manchester — Thurston 
being at war with Grosvenor at that time. This affair became a subject of 
conversation among us. Mr. Thurston was enquired of respecting his advi- 
sing Doct. Dewey to :iianchester;— he denied it, and said he had no agency 
in it whatever. We did not believe him. however, although he did deny it— 
the circumstances at that time warranted the belief, that Thurston did ad- 
vise him there. Finding that it would be attended with much difficulty for 
Mr. Thurston and Grosvenor to be at variance in a manner that they were, 
I resolved to go to the respective parties, and see if some adjustment of the 
business could be obtained, and advise to a speedy settlement ; believing that 
if the business was not attended to by some one, we should probably lose 
both physicians Doct. Dewey would not tarry, and Grosvenor perhaps 
would remove to get rid of the noise 

I first called on Doct. Grosvenor, and advised him to settle with Thurston, 
as Thurston appeared to be intent on hurting him in the line of his profes- 
sion. Grosvenor said he was willing to settle with Thurston on just and 
honorable terms. I then went to Thurston, and after some considerable con- 
versation in relation to Doct Dewey's tarrying in Manchester, I mentioned 
to Thurston, that his character was laboring much, and that he had stood 
charged with falsehood, in relation to Doct. Dewey's coming here ; for he had 
told some persons that a physician was on his way to this town, just before 
Dewey came. Said I you had better settle your difficulties with Grosvenor. 
Keply by Thurston, "if Grosvenor wishes to settle with me, let him come 
to me, for I will not run after him." Well, said I, if Dr. Grosvenor will write 
you on the subject, will you answer it, and point out the way and manner 
this thing shall be settled ? Yes, I will, said Thurston I told him that I 
would call immediately and make known his communication to Dr. Gros- 
venor. As I was going out of the door, Thurston said to me, you must not 
let Groscenor know that I have any desire to have the difficulties settled. 

4? 



g8 

Hearing this confirmed more fully in my mind the character of Thurston ; a? 
many said he was a bad man. and a dangerous man in community ; however, 
I we t to Dr. ■ u-osvenor and st ted the business to him. He said that he 
would attend to it. A few days after.. I saw Dr. Orosvenor ; said I, have 
you written Thurston yet ? Keply he had, but had not recehed an answer 
from F'lurston. Not long, say ten or twelve days, I saw Mr. 'Ihurston. 
He told me that Jrosvenor had written him at such a time, but that he had 
Dot answered hi in. I replied, 1 am surprised that you have not attended to 
this thing before this time. Thurston saw that I believed he had treated thi6 
thing with neglect. He further observed that he should consider of it a Utile 
longer ; finding th t Thurston appeared very indifferent about the business, 
notwithstanding I, as a friend to all parties had taken so much interest as I 
conceived for public good and private happiness. I then resolved to abandoa 
the pursuit We parted I saw Dr. Dewey shortly afterwards, somewhere 
by Mr. Thurston's dwelling house. It was, if l recollect right, on Saturday 
in the afternoon. After passing the usual compliments, well, said DoctoF 
Dewey, 1 presume you have prepared yourself to answer to the questions 
I proposed to you. Reply, yes, I am : but 1 had much rather not. I shall 
depend on your answer according to agreement. Weli, said I to 'Dewey, I 
think your encouragement in this town as a physician very small : for this 
reason, that the inhabitants of Manchester are determined to support Dr. 
Orosvenor. Dr. Dewey thanked me for my candor, and we parted, and 
Dewey went into Thurston's house. Ihe next day was the Sabbath, I 
went to meeting expecting to hear Mr. Thurston say something about th« 
business from the desk, as it was his usual w^ay of implicating those that did 
not agree with him in either civil, or religious, or political views. After 
meeting, Mr. I hurston spoke to me as I was going from the meeting house 
near by Mr. Henry Lee's, and iequested me to go with him to his house ; I 
replied to hurston that I was net very well, that I had taken cold and could 
not well call at that time He said that he had business of importance to men- 
tion to me, and if L would not go to his house, he would call down to my 
house. I then told Mr. Ihurston if it was business of g.eat importance, 
notwithstanding my indisposition, I would call up early in the evening; ac- 
cordingly 1 went ateariy candlelight the same sabbath eve — when I arrived tit 
Thurston's house he had company, who soon retired ; and Mr. r hurston soon 
began to s, eak of Doct. urosvenor in a very reproachful manner. He then 
turned his conversation respecting Doct Dewey's settling in Manchester — he 
spoke of Dewey as a man of the first medical talents for his age, and that he 
was from a good family, and a man of truth and veracity, &c. Re then said 
to me, did you tell Dr. Dewey, yesterday, that if he settled here his encour- 
agement was small or nothing? 1 replied to ihurston, yes, i. did, or some- 
thing to that effect. He then said that Dr. Dewey had told him so the eve- 
ning before, and that he (Dewey) was going to leave the town in the morn- 
ing for that reason. 1 hurst n said, instead of helping me, you have ruined 
m • and my family on that account. 1 immediately arose to come away, when 
Ihurston requested me to stop longer. 1 answered, you say that I have ru- 
ined you and your family— is this the way you mean to treat me for my kind- 
nesses P 1 have used the best of my endeavors to reconcile you and Doctor 
(yrosvenor to each other ; and i have tried to pe suade people, that you was 
not the means of getting Dr. Dewey into this town, as you have repeatedly 
said to me and others, that you never had any agency in his coming here, nei- 
tusr did you knuic of his coming here, as you said before he came here. I then 



sr 

told him, that many people believed he had stated that which he must 
have known at the time to have been false, about Dewey's coming 
to Manchester; and my opinion to him was to advise Dr. Dewey 
to leave town by all m< ans. He then began to implicate Dr. Grosve? 
nor, stating ira to be a grtai cheat, and that he had cheated Dr. Mussey 
out of titty dollars, and defamed Grosvenor in the most base manner it 
is possible to conceive. ' replied to Thurston if Dr. Grosvenor is such 
a man as you represent him to be, then you have got the devil in yout 
church Rut, notwithstanding what Thurston said about Dr. Grosvernor, I 
still advised him to settle all his difficulties in the town with Dr. Grosvenor, 
and all the rest ; or I believed he would have to leave the town himself. He 
then replied, and said, before 1 will muckle to Doet. Grosvenor, or an </ of this 
people, I will lose the last drop of my heart's blood, for you are a covetous, ma- 
liciuus, and Indian set of people. I th >n took my leave of him, astonished at 
hi- conduct — and for the most part of the time since I have been treated with 
indifference by Thurston. — I have endeavored to give a statement to you, 
]Mr. Chairman of this Committee, with a strict regard to the truth There 
was much more conversation nodouht but so long since it would be impossible 
for me to tell every word. As I, at that time, never expected to be called to 
state any thing that may have been said, neither should I have remembered 
so much of it, but being treated by Mt\ Thurston in such a manner, and his 
disposition that he shewed me at his house, such malieious, wicked^ and impy> 
ous language astonished me, coming from a priest. 

Smith's testimony being finished thus fir, Mr. Thurston said 
that in the afternoon he would be able to do away smith's evi- 
dence. The meeting; whs accordingly adjourned to one o'clock. 
The committee met according to adjournment — a full house, to 
hear Mr Thurston's evidence. Thurston appeared, and with 
him two ladies — Miss A. H. (a particular friend) and his daughter 
Eliza. After being sworn, Miss A. H. was called on the st-tnd, 
and was asked what she knew about the conversation between 
Major Smith and Mr. Thurston, at his dwelling-house, at a certain 
time, Sabbath evening, some time about the month of Dec. 1815. 

Reply by • : iss A. H. "she did not recollect hearing any thing particular 
about the conversation, between ivlajor Smith and Mr Thurstsn at that 
time" Quest. '-Was you in the room at the time Mr. Thurston slandered 
us." Answer — **No, 1 was not " This was the amount of what Miss A. H<r 
said. L believe she spoke the truth — "that she was not in the room at that 
time"— for Smith testified that the company left the room when ThursUa 
began to talk with him I will here remark, that Miss ^ H. has since said 
to me, in presence of others, that she did hear Or. s hurston say about the 
Same as Smith said Thurston stated to him: viz. that we were an Indian set 
of people, and that he would spill the last drop of his heart's blood before he 
would knuckle, &c. She thinks this conversation to have been the Tuesday 
following the time that Smith heard bim slander us. So you will see that 
1 hurston was in the habit of using these slanderous speeches. 

Mi$9 Eliza Thurston was called on the stand. Quest. "What do you 
know aoout the conversation between Major Smith and your father, at suck 
a time." Keply by Eliza —"If I can be indulged with hearing what Major 
Smith has said, as coming from my father, I can then tell whether ray father 
«aid it or not." I his liberty was allowed her. It was then stated to her 
what Smith had aaid, «s coming from her father; that we were a covetou? 



28 

malicious, and Indian set of people, kc. Quest. "Did you hear such con- 
versation." Reply by Eliza— "no 1 did not." Mr. Thurston asked leave 
to enquire of Eliza— granted. "Eliza, did you not hear Major Smith say, if 
I had got Boot. Grosvenor in my church, I had got. the Devil there ?" "O 
yes, 1 heard that." I then enquired of Eliza, if she was in the room at the 
time that her father said we were a covetous, malicious, and Indian set of 
people. Reply by Eliza— "I was there just before and just afterwards." 
Question to Eliza by Smith— "What was your father saying about Doctor 
Grosvenor, which led me to reply that you have the devil in your church?" 
Reply by Eliza— "1 do not recollect any thing more '' Smith was then cal- 
led on the stand, and stated the conversation that Thurston had at that time, 
viz. Thurston was defaming Grosvenor in the most base light that is possible 
to conceive of ; he said that he was a cheat , and client ed Bod Mussey out of 
fifty dollars, and that he had cheated him, and he represented Grosvenor as a 
man of the worst character. I then replied, if so, then you have the devii in 
your church. Smith then said if ^r. Thurston will be put on oath, and come 
on the stand, and deny what I have stated, I will take it on myself. Ko re- 
ply to Smith by Thurston. Thurston then observed to the moderator, if 
there was not already sufficient evidence to prove his innocence, he could 
produce a plenty- for, said Thurston, Mrs. Thurston is at hand, (meaning 
in Capt Burgess's bouse opposite.) Henry Story, (a leader in Thurston's 
cause ) said to the moderator, that Mrs. Thurston was good evidence. It 
was then said on the other side, if Thurston's wife was to be admitted as evi- 
dence, we presumed all our wives would be admitted. Then, said Story, we 
do not want wife's here as evidence, i he question was then asked by Story, 
"is there any more charges against Thurston, that can be supported by two 
good evidences?" 1 he anfewer was 'yes,' by half a dozen of evidences. Thurs- 
ton then said that he did not expect to have charges brought against him 
there, by a church member ; and that he would not submit to be tried by this 
committee ; he said he would be tried by an ecclesiastical tribunal ; he said 
he had got more on him than he. could bear, this meeting was then adjourn- 
ed to meet previous to the March meeting, to which this committee was to 
make a report of their opinion, they accordingly met, and agreed not te 
report any thing respecting the business. 

Here ail this great meeting that Thurston had got up, where he 
said he would be ready to he sifted lik* wheat, ended. I ask the 
candid reader how this cornniettee would have reported, if they 
had reported without the le^st partiality'! Would they not have 
said unanimously, that Thurston was guilty, as stated by Smith ? 
I will now review this trial* In the first place, this trial of Thurs- 
ton's was agreed on mutually by Thurston and his friends, and those 
that did believe Thurston to be a bad man, and not fit to hold the 
office of a, minister of Christ Agreed on, as you will ste by look- 
ing at the town-meeting of Jan. 20th, prefixed ; then Thurston 
pledged himself to be ready to be sifted like wheat, &c. Then it 
was agreed that all persons should have liberty to prefer any charge 
they pleased, and in the manner they chose; and the committee 
was to judge of the whole, and give such a report as they saw fit. 

Was this the course this committee took? I presume the reader 
will >> not. What was the course they took; was it not the 
rule of the ancients, in an unenlightened age of the world — the laws 
of Deuteronomy \Uth chapter: such as alt the civilized world has 



89 

long since abandoned ? Is it practised at this day any where 't 
What man is safe by this rule. For example — one neighbor rises 
up and slays his next neighbor ; the third sees the whole transaction ; 
bu' for the want of one more to see this murder perpetrated, the man 
that committed the horrid deed, is to be considered innocent ; his slay- 
ing his neighbor to the contrary notivithstandin<r. 'Tell it it not in 
Gath, and publish it not in Askelon? for the purpose of having it 
believed, that such a rule can possibly be right. In the 2d place, 
did not Thurston have every indulgence that a majority of friends 
could give him ? Did he not have ihem of his own household as 
evidence, his own daughter, and Miss A. H she a special friend, 
being long acquainted in the family, having strong attachment* to 
those of her sex in Mr. Thurston's family? And what does she 
tell you. Does she not say as every person of truth would have 
said — that she was not in the room at the time Major Smith was 
there, at Thurston's; and that is the reason why she did not hear 
what was said by Thurston at that time — therefore her evidence 
was nothing in this case. Was Eliza in the room at the time that 
her father spoke these unchristian-like words, as Smith said he 
did ? She says under oath that she was not ; and Smith says that 
the company left the room when he went there or soon after;-— 
therefore, 1' conclude she did not distinctly hear all the conversa- 
tion between her father and Smith; and Miss \. H. heard none 
of it — notwithstanding she says she was in the room just before her 
father spoke the words. Hud just afterwards. I now ask the reader 
to judge whether she did probably hear or not. She further says, 
when asked by her father if she did not hear Major Smith say at 
that time, if he had Doct. Grosvenor in hi3 church, he had got the 
devil there. O yes, she said- that she heard that; when asked if 
she heard any thing else, no she said, she did not. It appears by 
her account, that she had completely forgotten the conversation, 
that led Smith to make this remark to her father, when her father 
was, as Smith says, defaming Grosvenor in the most shameful 
manner possible to conceive of. I ask, under such circumstances, 
has she given any evidence in favor of her father? If not, then has 
she not given a most decided evidence in favor of Smith's testimony 
against her father ; for she does say, that she was there just before 
uafirjuzt afterwards — that is, as I understand her, just after the 
words that Smith swore her father said were spoken; of course, 
she must hive known when they were spoken. This you will rec- 
ollect is all the evidence produced by Thurston against the charge 
of slandering the inhabitants of Manchester, as sworn to by ^rnith 
on the 15th of February. Am I not warranted to believe, that 
Thurston was guilty of that conversation, as stated by Smith ; — 
I did then believe it, and do now; believe it. Thurston then had 
liberty granted him by the committee, to stop and not proceed any 
further. Had we not a just right to expect this committee to pro- 
ceed in the examination of Thurston. This was the second time 
he had called the town together for this purpose, to enquire into 
certain reports ; here we only enquired iuto one report. What 
does Thurston do next? He writes a line to the chairman of that 
committee, and then seems to fear that an unfavorable impression 
is made on some minds; as though he was afraid to have the truth 
come to light. He then pledges himself again, that he will rmet 
the charges against him. Did he not well know that this com- 



30 

mittae as favorable *s they were to trm, they would not be 
trampled on and trifled with in this manner 

1 submit all my remarks to the candid and impartial reader. My 
object has been in the examination of all these transactions, and 
shall be as far as is in my power, to explain the proceedings as I 
then understood them, having a dup regard to the truth in my re- 
marks. 1 refer the reader to the testimony of Samuel M. Williams 
annexed, he being clerk of this meeting, of thp 15f to of February, 
and of course is perfectly acquainted with all the proceedings. I 
could multiply testimony, but I suppose it is not necessary ; all 
t se meetings were public, as you will see, — and by carefully pe- 
rusing them, you may become as well acquainted with all the 
tra is actions as 1 am. Here follows Thurston's request to the 
chairman. 

(No. 12) 

-*Tp Mag. ISRAEL FOSTER, Chairman of the Committee, chosen by the town, 
-£j£jH to enquire into certain reports, &c. 

SIR — Whereas it seems that ray unwillingness to admit certain charges, 
which wereoffe.etl to the committee by a number of the church, and to reply 
to the same, without having been previously made acquainted with them, 
h/is made an unfavourable impression on the minds of many, as though 1 wag 
afraid to have my conduct examined, and the truth come to light ; notwith- 
standing. I see no cause to alter my sentiments with respect to the improprie- 
ty of such proceedings; yet, under existing circumstaaces and to have it 
known that I am not disposed to evade an enquiry into my c-nduct. upon 
fair principles — L do now. after further consideration, offer to meet those char- 
ges, and answer to them before the committee, provided that you. sir. will ob- 
tain a copy of them, and furnish me with th» same before the time arrives for 
the committee to meet again according to their adjournment. 
I am, sir. respectfully your's, 
Manchester, Feb. U, 1819. JAMES THUR<vTON\ 

A true copy. Attest, SAM'L DAN" A, Scribe of the Council. 

I remark here that Thurston's statement to Major Foster is as 
be, Thurston, s=<ys be is ready to answer, not to be sifted like 
wheat, as in his former statement ; this answering, you will on- 
serve, has got a proviso, that is, if M ijor Foster will get h'm £ 
copy of the charges ; he must ha > e well knov\ n that the chairman 
would not trouble himself about the charges; and if he did. he 
could not have obtained them, and therefore he, Thurston, should 
escape the scrutiny of this committee. Perhaps you may enquire 
why this committee did not make a report of their proceedings ? 
I cannot tell you. I did then suppose that they were acquainted 
of the circumstances of Thurston's pretences of having a letter 
soon, in order to acquit him from the charge of the dissecting 
business, as in Mussey's letter to Sewall ; am! I supposed the 
committee considered that one of the leading charges against 
Thurston ; and of course, if thej r reported they had nothing more 
to report than to say, I presume as every other mm in the com- 
munity will say in that case, that Thurston wis guilty of slan- 
dering the inhabitants of Manchester, as stated by Smith. I sub- 
mit my remark with candor to the public on that head, and pro- 
ceed to observe, that March meeting arrived the eighth day of 
March. At 3 o'clock A. M. chose our officers, and transacted 
other business hs usual. The article came up in the warrant to 
reuse money for the salary of Thurston ; here was considerable 






it 

debate. Tt was urged in favor of voting the money as usual for 
Thurston's salary, as we could not avoid it, we had agreed to pay 
him a i •< rtain sum, and that yearly, and that would have to be 
done a? all events, uutil such times as he was dismissed, longer or 
shorter the term of time. It was stated on the other side, that 
Thurston's salary was on certain conditions; and those condi- 
tions were, that he, Thurston, whs to perform certain duties, viz. 
He h: j d agreed to be a teacher of piety, morality and virtue — and 
that he had ceased to perform those duties, but stood charged of 
sundering the inhabitants of Manchester, as appeared by Smith's 
t<stimony of the 15th of February; and that he stood charged of 
the advice to Dewey, as in Dr. Mussey's letter to Sewall ; and 
that the dissafTeetion was so great, that it was not proper to vote it 
for Thurston; for it might end in a division, and of course be at- 
tended with bad consequences. &c. On the other side, it was 
3 id that Thurston wouid recover his salary as long as he at- 
tended to bis parochial duties. Reply — If slandering of the 
inhabitants, and other unchristian like conduct, was consid- 
ered parochial duties, then Thurston had amply fulfilled 
them, and ought to have his salary. The vote was at length 
called for; the house divided, and counted a small majori- 
ty to raise the money; and some of them voted on the principle 
of having the gospel preached, and not because they wished 
Illusion to have it, for they were decidedly against Thurston's 
receiving it ; for the truth of this remark, Capt. John Lee voted 
for it, he being opposed to voting money for Thurston. This 
circumstance of voting Thurston's salary produced the expected 
result ; that is. served to make party interests, some hard sayings 
on ooth sides, alienated the atfections, and produced ill blood. 

About these days, this famous liter, so long predicted by Thurs- 
ton, made its appearance— it came by mail. I will remark here, 
for the reader to trace this letter, if he can, with me It has many 
serpentine appearances, and though it was sweet in the mouth of 
1 hurston when it first arrived, 1 think it must before this be bit- 
ter in his belly. This unaccountable letter so much dependance 
was placed on. even months before it came; it was directed to 
the Rev. James Thurston, of Manchester. I was iuformed by 
them that saw it, that it was dated about the latter part of Janua- 
ry, 18 1 9, about, as 1 suppose, a month or five weeks before it ar- 
r»ve<i at Manchester. 1 was informed that it was put into the 
post office in the state of Vermont, about 30 or 40 miles from 
where the man lives that the letter is said to come from, viz, 
Lr. Johu Dewey of Lancaster, New Hampshire; this letter from 
Dr. Dewey, as Thurston stated, was to acquit him, Thur3ton, from 
the gross charge of dissection business, as has Seen proved, I pre- 
sume, to ihe satisfaction of every man, in charge the third prefix- 
ed. Mr. Thurston was much elated when this letter got here f 
he was congratulated by his friends, and some of those that he, 
said Thurston, considered his enemies, particularly Captain Rich- 
ard Allen. Thurston gave Captain Allen intimation of his re- 
ceiving such a letter from Dr. Dewey to exonerate him from the 
base charge as in Mussey's letter to Sewall. Capt. Allen observ- 
ed to Thurston that he must feel very happy in receiving such a 
letter under such circumstances, &c. This letter was circulated 
among his friends with astonishing rapidity. The noise of it was 



as 

like the noise of many waters. I believe it was read in Mr. 
Ebenezer Tappan's siore. Captain Andrew Marsters told me he 
read it in his house, as I understood him. Capt. A. Burgess read 
it. 1 believe this strange letter did not make its appearance a- 
mong the disaffected part of the community, except in one or two 
instances. Capt. Andrew Marsterscame to me and enquired if I 
had seen Mr. Thurston's letter. I replied, no, I have not ; but I 
should like to see it. ! observed to him, from what I had heard 
of it, the manner of expression in said letter had made some sus- 
picions in my mind of its being false ; audone other circumstance 
in my mind to suppose it a false letter was, that it was not hand- 
ed round among Thurston's enemies, as Thurston called them. 
Capt. Marsters said that he had reod it. I then observed to C apt, 
Marsters that if Thurston had got a letter from Dr John Dewey, 
exonerating him from that gross charge, stated in Mussey's letter 
to Sewall, and that I could be reasonably satisfied of it, that I 
presume i could do as much and would do as much as any man to 
acquit him. The more I thought of the circumstances of such a 
letter coming agreeable to Thurston's predictions, the circum- 
stance of his not letting that letter come among the disaffected — 
the curious circumstance of Thurston pretending to go into the 
country to see Dewey, when he, Thurston, wore down three 
horses, as in John Girdle's testimony — the circumstance of this 
letter being raail'd in Vermont, at a distance from Dr. Dewey's 
place of residence — the circumstance of Thurston denying that 
he had any agency in getting Dr. Dewy to Manchester — his de- 
nying the testimony of Smith — the manner he adopted to get clear 
of Smith's testimony — the universal habits of his prevaricating 
with the church — and in short the whole of h:s conduct in Man- 
chester for years as it respects our difficulties, induced me to be- 
lieve that this was a downright false letter got up as I believed, 
for the express purpose of exonerating Thurston from the base 
charge of dissecting business, that I then believed and do be- 
lieve him guilty of, as s?ated by Mussey in his letter to Dr. Sew- 
all. The friends of Thursion still upbraided me with my unbe- 
lief, and in order to convince Capt. Marsters, 1 proposed that he 
should go to Thurston and get the letter for me to peruse ; ard if 
he told Thurston of my intentions, he could not obtain the letter 
or a copy of it. Capt. Marsters was some surprised, as I suppose, 
at ray remarks. I believe i proposed to give him ten dollars for the 
lei ter or a certified copy of it. Capt. Marsters called on Thurs- 
ton, as he informed me, for the purpose of getting the letter or a 
co:»y, but was denied by Thurston. On his return, I made en- 
quirjr of him of the success he met with. He said that Thurston 
would not let him have it. I then asked him his opinion; he 
said he thought pretty much as 1 did about it, when 1 read the let- 
ter to Marsters. 1 thus was not so fully satisfied as 1 should like 
to have been; it now appears to me to be a false letter. Well 
said 1 to Marsters, there is away to know ; if Doct Dewev is an 
honest man, he will testify whether he has written Thurston such 
a letter or not. The above is as near the conversation with Capt. 
Masters as I can recollect. Fur the better satisfaction of this bu- 
siness, I, with others, the committee of the church ca'led on Mr. 
Thurston, to inform him that the opiuion of the church was, that 
His usefulness was at an end in this town ; and to advise him to 



m 

ask a dismission. He replied, that Gm\ had got a great work foi? 
h= a to do in 'bis place, &c. We also informed Thurston that we 
understood that he had a letter from Dr Dewey to exonerate 
him from file charge in Mussey's letter to Sewafl ; Thurston 
replied, that he had, and that he understood, that I had said that 
I would do as much ^s any man to acquit him. I replied that I 
had said something to that effect. 

[then sked Thurston (or the letter. Thurston then produced 
me a letter written ^y Dr. Dewey, as I believe id the year 1817. 
I perused it. and remarked to Thurston, that 1 wished to see the 
leiter that he had recently received as purporting to have come 
from Hr. Dewey. He then produced this letter that he had shown 
around among his friends, as 1 supposed. I perused it, and read it 
in presence ol Deacon Bingham, and Mr. Henry Lee and other 
rhurch members. 1 was satisfied that it was not written by Dr. 
Dewey ; the h3iid I supposed to resemhle the hand writing of 
some young woman that 1 had seen The signature was intend- 
ed to represent Dr. Dewey's signature Ith-nasked Mr. Thurs- 
ton if he would say before the brethren that th^t letter 1 held in 
my hand was written by Dr. Dewey ? Thurston, after some ap- 
parent hesitation, said he did not think that Dr. Dewey wrote it, 
but he thought that Dr. Dewey signed it; or, in other words, that 
the signature looked like Dr. Dewey's, being fully satisfied of its 
being a false letter, and that Thurston, we beieve, did know it to 
be a false letter. , We came from Thurston's, and resolved to lay 
the whole business before the town. By (his time, the church 
members, a large majority, were determined not to put up with 
such impositions from Thurston. They accordingly called a 
church meeting at the school house on the 29th of March. 

i will here remark, in support of our beliefs of the fifth charge-** 
you will see that Thurston called a town meeting, no one could 
tel! for what, by his petition; but when his communication ap- 
|>eared, it seems he wanted a committee as his communication ex- 
pressed. Now let the reader look into the doings and reasonings 
of that meeting, and say whether our beliefs w*s or was uot well 
fbunded. You will keep in mind that Thurston may safely at that 
time have supposed that he had a majority at town meeting to ef- 
fecrhis wishes, in support of the s^xth charge that was believed, 
you will see, that Tburs r on earn*- forward and accused himself 
with base and unwarranted charges, such as no one, I presume, 
ever believed, in Manchester, he sod Thurston never had been 
called to answer to my knowledge to the three first charges of 
fornication, often with the women and girls, and had got one g>rl 
with child. Then i ask if he, Thurston, never lud been accus- 
ed of these charges by (he church, or town, as such — Did he not 
produce them for the express purpose of preventing the gross 
charges that he was guilty of from coming to light? To judge of 
this as we did at the time you are under the necessity of tracing 
his whole proceedings. Thurs on being disappointed at this 
meeting, the 20th of January, and more so. I presume, at the meet- 
ing of the 15th February. Thurs on you will remember, headed 
his charges with these base statements, knowing if any one at- 
tempted to prove them, they must fail, and by that time the com- 
mittee would be led to believe there was no truth in any of them, 
a nd he should probably escape with impunity. This was our be- 

5 



84 

Uef : but what was the fact ? We began at the other end of the 
case, in order to show what led him to this disgraceful situation, 
as on will see by the Smith testimony. 1 here will enquire ■£ 
our sixth charge was well judged of I proceed to support the 
seventh charge as being believed by many of us that seceded from 
Thurston. 

1st. Thurston did pretend to so into the country !br r he pur- 
pose of seeing Dr. De^vey, and he pretended o.i his return lh t he 
had seen Dewey. Now look to Girdler's testimony, and A Dou- 
ble's testimony ; there he tells Girdler that he was quite worn 
down and fatigued; and that he had worn down (three !> rses in 
his journey; and that at some future tim- 1 he would more fn x- 
plain the inquiry by Girdler, respecting hisseeing poet. Dewey* 
Thurston soon began to predict having a letter more-strong 
than ever. At length this letter arrived s*predicted >y Phors- 
ton; it was a false letter never written nor signed by Dewey, is 
you will see by Dewey's testimony, dtted Lancaster, March 13, 
1-20. As soon as this letter arrived, we suspected it to be a ta'se 
letter. There bad been so much said aaout this tetter coming be- 
fore, were we not warranted in believing the seventh charge to i>e 
correct under ail circumstances. 

I now proceed in defence of the eighth charge, as I believe it is 
well known in Manchester, that Thurston did receive a letter by 
the mail, said to have come from i)r. John Dewey, of Lane ist r, 
and arrived at Manchester, about the first of March. 1819. agr< a- 
bie to Thurston s predictions — vis. that he should have a letter from 
Dewey to acquit him from the charges alleged in Rfussey's letter 
to Sewall. Further, you w r ill see by Burgess' testimony, that be 
(Thurston) did show that letter, and circulated it among hisfriends 
particularly, to convince them of his innocence ia relation to the 
■charge of dissection advice to Dewey. After taking a considera- 
ble time to exhibit this famous letter, intimating thai it was going 
to be read in the meeting house by some of hi> friends, as was the 
report, he, said Thurston, declining to lei the letter go ok 
bauds, as you will see by Burgess' testimony, saying to Burgess 
wheji he asked for the letter. tv Mo, this people are bent on mis- 
chief." And further, when called on by me iu presence of Deac. 
Bingham, Henry Lee and one other church member, he s tid Thurs- 
ton said he did not thinkDewey wrote H — therefore the said Thurs- 
ton did circulate this false letter ys a irue one, in order to acquit 
him from a disgraceful charge, snen as we believed him guilty of 
according to his own statement, 

For the fact to show that this is a f-ilse and forged letter by 
some one, I refer you to the testimony of John Dewey, dated 
Lancaster, New Hampshire, March 13, 1820. Annexed there, 
he, Dewey, says, that he has not written L'hnroton any letter, or 
forwarded him any letter, neither Iihs he seen Thurston, or had 
re ison to believe that he, said Thurston, had been in that pari of 
the country since 1317. Further Dewey says he has nol signed 
any letter to Thurston since 13)7. Dewey further testifies, that 
James Thurston has by letter requested him to give a statem nt 
to certify what he thinks Thurston must have knowu lobe false. 
And in Dewey's testimony, dated Lancaster, April 20 j820, an- 
nexed, he there confirms the same thing in relation io sending 
Thurston any letter by way of exculpating Thurston from tne 



35 

ejrar^e as in Mussey's letter to Sewa!!. As Thurstta was bos 
able <o obtain of Dewey any letter, statement or certified of 
1 ir true or false, it was believed by us, the seeeders, 

that this - was not up to supply its place. 

i ir reasons, and the facts that induced us to be- 
T j irsl in was guilty of all the charges — eight, as al- 

1 ttSet 

12 we had not the depositions of Dr. Mussey or 
V>r. V fter we seceded, ye? the circumstances were so 

£. iid elieve it without them. 

(No. 13.) 
At a church meeting held at the school-house in Manchester on Monday 
•veriing th I tfarch 181 — chosen m derator, brother Henry Let— 

ahosen »ther fJ L. Bingham: — After addressing the throne of grac# 

£•>• dir proceeded lo pass the following votes : 

er the present existing circumstances, it is the opia* 
ion of he church a"d their duty, to unite with their Pastor, the kev. James 
Th ir- i :g a mutual ecclesiastical council for advice — provided che 

x. . s tch a measure. 

. L'hat ii is the •pinion of the church, that "*lr. Thurston lay 
t re the town at the adjournment of the town meeting, 

# he fifth of ,j-iil next with his determination there <n. 

: to choose a committee of five to present these proceedings to 
£ - ames burstoo, viz Deae. D L. Bingham, Deac. Nathan Alien, 
3 BToe/?er B rot her Hen? y Lee, Brother Obed Carter. 

ted That it is the requestofthe church, that ^lr. Thurston give 
t' t f hisdeteriffihations to the committee to lay before the church at 

t. . ext meeting on Friday evening next. 

to adjourn this meeting to Friday evening next, To'cloGk P. 
AL to the school-house. A true copy as of record. 

Attest, D. L. B INGRAM. Clerk 
A true copy Attest, SAM'L DANA, Scribe of the Council. 

Remarks. — In this meeting you will observe, that the church 
w p re willing to sk the town's advice and took the most soft mea= 
sures, in hopes that Thurston would see his own situation, and 
make all dispatch in setting his discharge from this people. Jo- 
seph Hooper, sou will see. is on this committee ; he condescended 
to be- the bearerof thes* despatches lo Thurston. I proceed toob- 
serve, that a few days after this meeting ahovementioned, Thurs» 
tun sends to the church a communication as follow s 3 viz : 

(No. 14.) 
To the brethren of the church of Christ, in Manchester: 

Bsethken — \ communication has been received by me from your com- 
mittee, containing the votes passed at your meeting held in the school house 
on the 29th utt- among which is the following, viz. " i hat under present ex- 
isting circumstances, it is the opinion of the church, and their duty, to unite 
with their past >r, the Rev. James Thurston in calling a mutual ecclesiastical 
council for advice — pro% ided the tcvvn will approve of 6uch a measure." 

Brethren, after serious and prayerful consideration, 1 hereby signify my 
willingness to unite in calling a mutual ecclesiastical council, in the usual way 
— provided the town will concur with the church and their pastor in carrying 
the same into effect ; and provided, that any person or persons, either in the 
church or society, who have any charges or artieles of complaint, which they 
intend to lay before the council, will furnish me with all their charges and ar- 
ticles of complaint, specifically stated to me in writing, twelve or fourteen 
days previous to ihe time of the meetini-; of the council — that I may have an 
opportunity to prepare for making my defence. But should no such charges 
be presented to me as abeve stated, er alluded to, then that my christian and 



86 

ministerial character sliall be considered by the church anil town as aniffl* 
peached. n I further, ihat the council he called not only to give then- ad* 
vice, but to effect a dissolution of my p stnral and ministerial relation in this 
place, it they shall juilge it to he expedient. 

I will endeavor to attend to your 2d vote according to the time therein 
mentioned. The request expressed in your 4th vote, I consider as complied 
with in this communication, I am, brethren, vour weil wisher and pastor* 
Manchester, April 3, 1819. JAMES HUR TON, 

A true copy. Attest, SAM'L DANA, Seribe of the Council. 

I sliall here remark on this paper of Thu'stonV as it caused 
much debate, Joseph Hooker he thought it perfe< [\j reasonable, 
tnat Thurston's request, agreeable to his eommunic-Uion, should 
be granted by the church; reply to Hooper was, that Thurston's 
demands could not possibly be complied with- — for he demands that 
all persons in the church and society shall give him a specific list 
ot 'heir charges 12 or 14 days before the sitting of the council.-—* 
How could this be complied with? what power have we got to 
compel any one to bring their complaints ? and some men, you well 
know, are averse to councils in every ease, and those persons prob- 
ably will not comply with our doings provided we should agree to it, 
Then if they do not comply, we have got to say Thurston's char- 
acter shal.1 stand unimpeached. both in tow» and society. 2d rea- 
son why we ought not to comply with Thurston's communication 
is that we have already circumstances and fads enough netbre us 
sufficiently to convince all of 'is. that there is no safety in giving 
Thurston any paper at a!!, in his hands. Od nor Thurston say in 
town meeting, that be had a paper with Tyler Parson's name on 
it. purporting to have settled all difficulties with rum, and what was 
the reply by rne at that time ? Reply — J f .you have such a paper it 
is forged for I have never, given you. Thurston, any such paper — • 
and you are a liar. Further, he said TnurM > s has been justly 
charged with the grossest charges that it is possible to conceive of 
— (especially of a man who pretends to preach the gospi-i. The 
charge of dissection. as : in poet Slussey to Sewall, and then all 
the circumstances induces us to believe that Thurston has got up* 
a false letter, and circulated the same among his friends as a true 
letter for to exhonerate him from that charge — and now & hutsion 
requests us to comply, or in other words, to enter into an explicit 
agreement to do such things as he mus* know is impossible for as 
to do; and to make every man come forward with nis complaint 
12 or 14 days at least More the setting of this council — Then he 
is willing to have a council; no. let the council be on the spot, and 
■we will come forward and hand our papers into the hands of the 
council, then they may adjourn if they please 12 «r "10 days, and 
1 presume we will snow him to be a bad man, :md ought to be dis- 
missed, and never more pretend to such an office. Here follows 
tin doings md the votes passed at the meeting. 

the committee chosen by the church, in order to agree with Mr. Thurs- 
ton on any mode which they in their wisdom shall think beat, respecting the 
difficulties which exist between the church and Mr. Thurston : 

I 'irst. Regretting a division in the chinch, and in order to prevent suck 
division, we ar« of opinion that VI r. Thurston sincerely declare his views res- 
pecting his dismission from this church and people, under the difficulties which 
now exist. 

ec Hid'y. That in th«* opinion of the committee, it is expedient that Mr. 
Thurst >n should ask the town to urate in a mutual oouncil in order to dismiss 
him fatfe tins #kfc»rch and people-- 



87 

Thirdly, They are further of opinion, that if Mr. Thurston wishes a list of 
Charges that the church furnish hiir with the same, and in sufficient time t© 
?ay them before tbe council. Per order of Committee, 

Manchester, April 3, iM9. HENRY LEE, Chairman. 

A mie copy. Attest, SAM'L DlNA, Scribe of ike Council. 

Mj r remark on these votes — You wilt s--e that H e churr-fa wart- 
ted to be sat'sfitd what Thurston's views were in relation to being 
dismissed. Respecting that, Thurston dul not intend to be dis- 
missed at all events; neither would h<: have been if the church 
hid entered into the agreement he wished for in his communica- 
tion ; for then he would have tied their hands, and sunt their 
mouths, and that by a written agreement. But further — you wdi 
seo that the church committee thought it expedient that Thurston 
should unite in a council with the town, in order to dismiss him at 
all events— and give him a list of charges 'at th«t time. Nowioolc 
at his mswer; you will see he says he does not wish the ch-ire, s 
produced. In this particular we believed him. Mere follows his 
answer. 

To the Committee of the Church, whereof Brother Henry Lee is Chairman. 

Brethren-- --1 consider my communication t< the brethren of the 
©hurch, dated April 2d, as complying with their vete to unite in calling a 
mutual Council As to the provisos, I consider them no other than such as 
are guaranteed to every person by our wise and ex<el!ent C onstitution, and. 
the laws of the land; and which must approve themselves to eveiy man's 
©;>nscience as reasonable and just ! therefore feel it my duty, according to 
my engagements with the church, to proceed in laying before the town the 
proceedings of the church together with my determinations thereon, for their 
approbation and concurrence. Vou mention as your opinion, that it i wish 
a list of charges, the church will furnish me with the same. I have made n© 
such proposal, neither do t wish it. if any individuals have charges i\ hick 
they intend to bring forward the way is open for them on the terms propo- 
sed, t am, brethren, your well wisher and pastor, 

Manchester, April 5, 1819. JAMES THURSTON. 

A true copy. Attest, S4M'L DANA, Scribe of the Council. 

Remarks on Thurston's rrphj — Now Thurston begins to tell us 
©f the constitution, and the laws of our laud. &c. 1 do not know 
of any part of our constitution that requires us to surrender ail our 
papers to our antagonist; nor do J iiow recollect that the laws of 
our Land require us to give an antagonist a specific list of charges, 
and of all the persons we are going to pro»e them by, twelve or 
fourteen days beforehand. And at last, Thurston sa>s the way is 
open- in the way nroposed; that is, Thurston refuses to have any" 
thins to do in respect to calling a council, without having ibis 
specific list of all the charges, both in the church and town, re- 
sented htm twelve or fourteen days before the setting of the eoun- 
ci!. The reader will bear this statement in mind, and m^rk the 
difference after we have seceded from the society — then 'tis all 
peace and harmony, both church and town complies with his re- 
quest, whatever it may be. 1 refer you to their doings of the 1 bih 
day of May, 1819. That days work is what Thurston now comes 
and claims in his memorial — the privilege of considering hims> if 
under pay as their minister, and that he is now wilhng to refer h«s 
claims to men, <&c. rather than resort to law. Reference to Thurs- 
ton's memorial presented September 12th, 1821, at the installa- 
tion of Rev. Samuel M. Emerson, in Manchester, here follows 
a. note from Thurston to the church, on the morning of the day of 
adjournm«nt ©f March meeting, and the memorable day of seocrUiug; 



3S 

Td the Inhabitants of the Town of Manchester, nois convened in Town Meet- 
ing. 

VlR .VIODEK\TOR, AND QeTVTLEMEN OF THE TOWN, 

Agreeably to mv engagements with the church I hereby lay before you 
the enclosed proceedings of the church, at their meeting held in the school 
h mee, the 29th >f 'ast m nth, together with mv reply to those proceedings, 
which I consider as a fuil compliance with their proposal for calling a mutu- 
al council, gentlemen. [ trust you will consider the provisos contained in 
my reply, as no other than such as are guaranteed to every person by our 
wis?; and excellent constitution, a >d the laws of th, land, and such as must 
approve themselves to every man's conscience, a« reasonable and just These 
proceedings are now submitted with the hope and desire that the candor and- 
gpodness of the town will lead them to approve and concur with the same. 
i am,, sir, and gentlemen, with. due respect your friend and paster, 

April 5, 1819. J. T. 

A true copy. Attest, SAM' L DAN A , Scribe of the Council- 

I remark that Thurston in reply to ourg of 29th March, says-, 
be did not know that he was at war with the church Let him 
look back to June 13th, «817 — see the state of the war at that 
time— -15tfr of February, 1819; aiid in short, look back tenor 
twelve ye ;rs Let the candid reader look and say. if there his 
not been a perpetual war ; hut a very small portion of the time 
&ny cessation of arms. Look at the time that Ooct. Dewey was 
at Manchester, when counselling Dewey, as JVJussey says in hi& 
letttr to Se wall. Thai is what I call being at war with our bod- 
ies after the sou! h ts departed. Look to the memorable Lord's 
day eve. when that degrading language came from his lijisiu 1815- 
—(reference to Smith's testimony Feb. 15. 1819.) Look at that 
meeting, and all the rest of the meetings, and judge whether it is 
war or peace. Then to crown the whole,, look at the meeting of 
the 5th of April 1819; there you will see he cautions us, lest we 
should expose ourselves to the displeasure of God, and then says, 
brethren, your well wisher, &e. The most that astonishes me is, 
that he dares to take the nr.rne of God on his lips, — except it be 
to exclaim, 'God be merciful to me a sinner.' I proceed to re- 
mark, that the town is now assembled — their business respecting 
the March meeting being transacted, Thurston presents the fol- 
lowing, in order to show his friends how he went on in the church 
— perhaps expecting at this time to gel a majority, and thus beac 
down all opposition. 

To the Brethren of the Church of Christ in Manchester. 

Brethren — In my reply to your vote of the 29th ult I considered my* 
self engaged to unite with the church in calling a mutual council. -Nothing 
was mentioned in^ynur counnunic tion of the church having any charges 
against me to lay before a council and 1 have no reason to think that as a 
body the church had any such charges. I have supposed that individuals, 
both in church an J society might have whereof they intended to accuse me. 
But that the church, as a body, were at war with their pastor, is what I had no 
reason to believe, nor do I now believe it. T therefore, as your pastor, feel 
myself solemnly bound to cauti >n you, brethren, against incurring the guilt 
•f any irregular proceedings for the sake of complying with the wishes and 
persuasions of particular members. Or in other words, that you do not 
jiiaka the charges of others your own, and thus expose yourselves to the dis- 
pleasure of God. 

I am, Brethren, your we 1 wisher and pastor, 

Manchester, Aprils, 1 8 f 9. J A vl ES THURSTON. 

To be communicated to the church by the hand of Brother Joseph Hooper, 
A true copy, attest, SAiiUKL DA.N A, Scribe of ike Council. 



41 

Town-Meeting being open, the business of choosing a council 
is now on the carpet, asreeable to Thurston's first prop siis to 
the Church, viz. by having all the charges presented him twelve 
or lourteen days before the setting of the coune.il. I now proceed 
to give some general view of ihe grounds taken on both sides?, as 
near as I possibly can. It was urged that there was not the least 
propriety in attempting to comply with Thurstou's request, fop 
this reason, as it appeared tons the disaffected part of the commu- 
nity. Thurston bad called us together on the 20th of January* 
and then he proposed to meet us on the 15th of February — and 
when assembled., and one gross charge presented and proved, as he 
bad agreed to be sifted like wheat, stating that every man, wo- 
man, child, &c. should know his character; Thurston was then 
indulged the privilege of retracing his ground — and no notice was 
taken #y the committee to report their opinion on th it case ; and 
further, to choose a mutual council, and present a list of charges 
to them when assembled, could not operate injurious to Thurs- 
ton o* the town ; as the council may, if they see best, adjourn, and 
give Thurston time for defence. Further reason — we did believe 
that the intention of Thurston was, not to have a council at all ; 
but merely to obtain a list of all the charges against him. and then, 
(as heprooably would obtain a majority,) they would have every 
-opportunity 'of treating all our allegations in the same manner that 
the charge of the 15th of February was treated, viz. Smith's testi- 
mony against Thurston. And further — Thurston now stands 
charged with the basest of charges, and is now well known to ev- 
ery man, viz- that of of Mussey's letter to Doct. Sewall, the dis- 
section business, together with his circulating a false letter to ex- 
honorate him from that base charge. Reply to us — that every 
man in society had a right to a list of charges twelve or fourteen 
days at least ; and it was nothing more than Thurston had a right 
t(? ask or expect, and ought to have it granted at all events — as it 
put the town to great expense for the council to adjourn, and that 
the town hid a right to demand those charges; and, said the 
speaker, Henry Story, there was no other way that the town ought 
to proceed. Further — th*t he ? (Story) was never concurred, and 
he would be dawm'd before he would be. 

By this time tuere was much excitement in the meeting. Re- 
ply— "if we can have a f .ir opportunity before this council, we will 
then and there appear, and show all our complaints; or otherwise, 
if we loose the vote, we snail probably secede from you, and lei 
you have James Thurston till you are sick of him as we are, and 
that will not be long first; there has been an un willingness to hear 
the truth, and we have as yet been obliged 10 contend for every 
inch of ground We have had a majority to contend wi'h ; — and 
for peace sake, we have once and again proposed to Thurston, and 
now to the town, to try James Thurstou before an ecclesiastical 
tribunal, such a one as he last proposed, of the 15lh of February ; 
and we are tired of such impositions. The vote was then called 
for, to get a council on Thurston's plan ; the vote was lost hy two 
or three majority. This produced confusion. The minority ap- 
peared many of them offended. The meeting was dissolved* 
The majority thought not best to proceed to choose a council, as 
jt would probaidv have been attended - with much confusion* 
{therefore the disabled assembled that evtaag, and agreed (• 



4i 

secede from the society, as the best way for peace in this society 
and church ; the meeting was organized, and an application was 
presented to the members present, for their signatures as follows : 

Manchester, April 5th, 1819. 
To the Gentlemen of the Committee of the First Baptist society in Beverly, 
under the pastoral care of the Rev. Nathaniel W WilbarnSj 
Your petitioners feel it their duty under the existing doliculues in this 
town to apply to necome members of your respectful *ocie?y, for the express 
purp >se of enjoying our respective rights and privileges agreeanly to a law 
of this commonwealth, passed June 18, 1811. 

Lie bearers of this petition are justly authorsed to enter into arrange- 
ments that may be thought judicious under the difficulties which now exist. 
Subject to such alterations respecting the continuance >f membership, as the 
nature of the case may demand Should you comply with our request, you 
ivill grant a certificate in due form of law, in order that the above mentioned 
purpose may be effected. 

We are. gentlemen, with respect, your most obedient humble servants, 
Abial Burges, John Allen, D. L. Bingham, Henry Lee, John Lee, Ol ed 
Carter, Isaac ^llen, Abner Allen, Jona. Allen, >avid rafts, John .Al- 
len 2d. Richard Allen, Tyler Parsons, Aaron Allen. Hurley Smith, Da- 
vid \ iirosvenor, Samuel Edwards Job Girdler, John L. I!en, Ab- 
ner Allen, jr. Benjamin M Knowlcon.Samnel I heever, Larkin Woodberry, 
John C. Long, Israel Morgan, Samuel Kinsman, Horace H. Grosvenor, 
Rufus W. Long, -amuel i. Williams, John O. Moigau, Benj. Crombie, 
Azariah Allen, Ithamar Eaton. Daniel Alien, Josiab Lee, ."'acob Cheever, 
Nathan Allen, jr. George (iirdler jr Richard Mien, jr. Daniel Friend,, 
Malchai Allen, John Dodge, Joanna Allen, Lydia Alien, . Mary Allen v 
Joseph Baker. 

Bearers of this paper, TYLER PARSONS, 

RICHARD ALLEN. 

This transaction produced a wonderful effect; the members of 
the society from which we seceded, m\ny of them supposed we 
intended to imnose a burthen of taxes on them, to support Thurs- 
ton. This belief created a manifest hostility in them, and for a 
season divided t.miiies in affection, notwithstanding H was tenor- 
ted that Thurston said that it should noi make any difference in 
their taxes. No doubt Thurston thought that he should manage 
them as he pleased, as there would not probably be any to molest 
him or make him afraid. Thi* was to be sure natural ; ths disaf- 
fected having signed off, as is termed — not having my legal right 
to act at any meeting called for parish concerns. He probably 
now concluded that he could get bis iitfSe harmonious church to- 
gether, and resolve and declare, and petition, aud request the town 
to call a council, and that their request would be granted without 
opposition. He could now propose it in such a manner as to pro- 
duce a very desirabe effect. Hen- you see he began — he called 
a church meeting, as he terms it; he dor-s not tell us how many 
of ihe church composes this body, — bul after looking to God for 
ii^hl and direction, as he s;iys, he then and there presents his wish- 
es in due form; probably that Conn which Mr. Thurston had ref- 
erence to, when he snid in presence of Capt. Girdler, (as by his 
affidavit annexed,) that he had the hrst lawyer in N Hampshire 
engaged on his part; and Mrs. Thurston replied, 'yes. you may 
well say that.' From this we see from Thurston's own testimony, 
he had already engageda lawyer in N. Hampshire — and how ma- 
ny more in Massachusetts he does not tell us; yet we always be- 
lieved this was the light and direction he was after. Now look 
carefully over the papers and say, if the paper Thurston submits 



£1 

!o the remnant of the church, and by them and himself to this 
town, is not bis with sentiments like these, viz: that the whole 
t^ower of adjusting '' he difficulties between him and the town shall 
be given to the council ; and that so explicit, that every one may 
see it ; was it not on such conditions as Thurston suspected, that 
this council would not probably dismiss him, not finding it expe- 
dient s* he there states. As Thurston must probably have thought 
that this council would not probably call on the disaffected, as 
they belong to a Baptist society in Beverly; so he should escape 
their scrutinizing into the state of affairs, sufficiently close to dis- 
miss him And did he not provide a remedy against such an op- 
eration — viz: if the council should in their wisdom dismiss him. 
Certainly ; look at his method before the petition to the town, da- 
ted 6th of May, 1819, to carry the same into full effect. Then 
take a look at this copy of request as they term it, presented the 
town at their meeting, held in answer to the aforementioned peti- 
tions ; there you will seethe whole doings of Thurston and bi£ 
church, as he terms them — very humbly submitted to the town, at 
their meeting held 15th of May, 1819; signed James Thurston^ 
pnstor. and NaihM M. Allen, Joseph Hooper, and Nehemiah 
Goldsmith, committee of the church. 

I will here remark, that the spirit and resolution that this great 
body of the church discovered, in the second vote they passed at 
Thurston's house the 6th of May, after prayer to God for light 
aud direction— they there say we willsign a petition lam some 
surprised that the next vote was not that the town shall do as we 
say. I now refer the reader to their doings, petitions to the town, 
meeting, &c as I know nothing respecting what was said at those 
meetings, or their doings, except what is to be inferred from the 
papers produced to the council at their sittings On all these pa- 
papers, 1 remark as 1 understand them, and leave it to the unpre- 
judiced reader to judge for himself. Here follows these meetings; 

(No. 9.) 

The proceedings of the ihurch and their pastor, laid before the town at their meet* 

ing, held May 15, 1819. 

At a meeting of the brethren of the church held by adjournment this 6tli 
day of May, 1819, at the house of their pastor, after prayer to God for 
light and direction, Rev. James Thurston presented to the brethren the 
following communication : 

lo the iorethren of the church of Christ, With whom the subscriber stands 
connected as their pastor. — Beloved Brethren— After much deliberation and 
prayer to God for direction, I hereby request you to unite with me in call- 
ing a mutual ecclesiastical council for advice, and to submit to the decision of 
said council on lair and equitable terras, the subject of our difficulties, and 
the dissolution of my pastoral and ministerial relation in this place, if the 
council shall judge it expedient that our connexion be dissolved. And t 
further request, brethren, that you would join with me in applying to the 
town for their approbation and concurrence with us in calling a mutual 
council for the purposes above stated. I am, dear brethren, your affections 
ate Pastor, James Thur.ton. May 6, 1819. 

Having conversed on the subject of our difficulties, and calling of a coun- 
cil, proceeded as follows : . 

1. Voted to comply with the Rev. Mr. Thurston's request for calling a 
mutual council, for the purposes expressed in this communication, and as? 
therein stated. 

2d. Voted, That We will sign a petition to the selectmen, requesting them 
to" call a town meeting, to obtain the approbation and conettrre-nee^f fh"^ 

6 



tovvH with us in calling a mutual council for the purposes above stated in Mr. 
Thurston'.* request. 

A petition was then signed by the pastor and the brethren, requesting the 
selectmen to call a town meeting And the church agreed that the above 
proceedings be laid before the town, together with a request for their con- 
currence, to be signed by the pastor and committee. 

JAMES THURSTON, Pastor. 

A true copy. Attest, SAMUEL DAN A, Scribe of the Council. 

(No. 10.) 
A copy of the petition to the Selectmen for calling a town meeting. 

To the Selectmen of Manchester. — Gentlemen, We the undersigned re?- 
quest you to call a legal meeting of the inhabitants of this town as soon as 
you conveniently can, to see if the town, when convened, will concur with 
their pastor, the Rev. James Thurston, and the brethren of the church who 
have agreed with hirn in calling a mutual ecclesiastical council, and to pass 
any vote or votes thereon, which they in their wisdom may deem proper for 
carrying the same into full effect. We are, gentlemen, with due respect^ 
&c. JAMES THURSTON, and ten others. 

May 6, 1818. 

A copy of a request for the concurrence of the town, in calling a mutual coun-- 
e*7, signed and presented by the pastor and church committee^ to the Modera* 
tor of the Town Meeting held May 15, 1319. 

To the Inhabitants of the town of Manchester, now convened in town- 
meeting — Mr. Moderator and Gentlemen, We the undersigned, by desire of 
the Church, now present you with the proceedfngs of the church and their 
pastor, in relation to the calling of a mutual ecclesiastical council for advice, 
to submit to the decision of said council, on fair and equitable terms the sub- 
ject of our difficulties, and the dissolution of Rev. James Thurston's pastoral 
and ministerial relation in this place, if the council shall judge it expedient 
that said connection be dissolved. 

These proceedings are now submitted to the town with our united request, 
that you gentlemen will approve of the same, and concur with us in calling 
a mutual council for the purposes above expressed. 
We are, sir, and gentlemen, with due respect, «K:c. 

JAMFS THURSTON, Pastor. 
Nath. M. Allen, ) Committee 

Joseph Hooper, \ of the 

Nehemiah Goldsmith, ) Church. 
A true copy. Attest. Samuel Dana, Scribe of the Caimcil. 

(No. 11.) 
At a town meeting legally notified and held at the meeting-house ia 
Manchester on Saturday the 15th day of May anno domini 1819 — First, cho- 
sen moderator Maj. Israel Foster — Secondly, voted that the town will agree 
with the Rev. James Thurston and the church in culliug a mutual ecclesiasti- 
cal council for advice, and to submit to the decision of the council, on fair and 
equitable terms, the subject of our difficulties, and the dissolution of his pas- 
toral and ministerial relation in this place, if the council shall judge it, expe- 
dient that our connexion be dissolved. 

Thirdly, voted that the following churches should be sent to, viz. — the 
church under the care of the Rev. Sam'l Dana of Marblehead, ihe churches 
under the care of Doct. Worcester and Rev. Brown Emerson of Salem, the 
church under the care of the Rev, Samuel Walker of Dan vers, the church un- 
der the. care of the Rev. Manasseh Culler of Hamilton, the church under the. 
cure of the Rev. Robert Crowell of Essex, theehurches under the care of the 
Rev. David Jewett and Levi Hartshorn of (iloucester, and the church under 
the care of the Rev. James Mittimore of Newbury. 

Fourthly, voted to choose a committee to make provision for the council, 
and to give the council information respecting our situation. 

Fifthly, voted that the committee consist of five, viz. William Tuck, Esq. 
Maj. Henry Story, Col. David Colby, Capt. Thomas Leach, Maj. Israel Fos- 
ter, Eben. Tappan, Capt. John Hooper. 



Sixthly, voted tbat the time should be left to the church aad pastor for 4 
the meeting of the council. A true copy as of record. 

Attest, DELUCENA L. BINGHAM, TownClerh 
A true copy. Attest, SAM'L DANA, Scribe of the Council. 

Re?narks.—T\\e reader will here mark the distinction between 
this meeting of the 15th of May, and that of the 5th April — Then 
all charges must be presented twelve or fourteen days at least, or 
no council. Now nothing about charges — the council in the 
terms Thurston proposed by the remnant of the church, the 
greatest harmony as appear in their papers — the 2d vote you will 
see that the town grants the request of Thurston, without the least 
variation, as submitted by those resolute church members, where 
they declare thry will sign a petition. The town appears by 
their doings to be wholly unsuspicious of the law, and the mon- 
strous difficulty they were involving themselves into. Surely 
they must h ive had a better opinion of Thurston, than I believe 
they most of them have now. Call on them to give Thurston an 
indulgence to that extent now, and see what the objection will be; 
look at their proceedings by them since, and there you will see 
they absolutely refuse complying with this vote above mentioned. 
There you see that Thurston tells them in his last letter, that they 
had better leave it to men than resort to law r . What prevents 
Thurston using the law in this case ? He says in his memorial, 
that it cannot be in the power of one party to dissolve a contract, 
or otherwise it is no contract at all. It appears that Thurstoa 
rests his claim entirely on the doings of the meeting of the 15th 
of May ; and on the 2d vote lays all his strength ; — he uses ill 
support of his claims, that he has performed his official duties in 
Manchester; a«d if it is as he says in his memorial annexed, that 
it was his ambition to preserve the affection of his flock, and to be 
a useful minister of the gospel, I say, if Thurston can prove that 
he has affectionately and in a christian-like manner, as much as is 
common among men, that believes in the christian religion, beha- 
ved himself in Manchester as he expresses in his memorial, he 
certainly is entitled to his sallary, and is not dismissed from this 
town as a minister in my opinion. But I ask, why he has not 
called on the town before now ? Is it not because his friends will 
come out and prove to the contrary, that he has not performed his 
official duties in that becoming manner. 

I here ask, what we agreed as a town to do, when Thurston 
settled with us ? Did we not agree to give him a certain sum of 
money per year, on the condition that he would settle in Man- 
chester in the capacity of a teacher of piety, morality, and virtue; 
and by example, enforce these most delightful, and most essential 
qualifications that the human mind is capable of. This I believe 
to be the very essence and spirit of the contract. 

On the contrary, should it prove that said Thurston has not, by 
example or practice, been such a man as above described, then I 
should say, he is bound to refund the money already paid him, 
from such times as there was a division in town-meeting respect- 
ing voting his sallary, as you will see by looking at the meeting 
held March, 1819. But, say you, the council has in effect said, 
that Mr. Thurston has performed as above described, and have 
recommended him as a man of good character, as a gospel minis- 
ter, &c. Reply — Does not this same council tell you, thai they 



44» 

forbore to go into the causes or merits of the difficulties then ex- 
ist'ng? And if so, (according to their logical mode of reasoning.) 
they did not know whit difficulties did then exist. 

But further — You have proved to us by the testimony of Gird' 
ler, that you offered to prefer one charge to begin with, viz. that 
of Smith's. Yes, that is true — but, say you, why not have pro- 
ceeded in support of it? You will there see the reasons— 1st, we 
required of this council that Thurston should be put ow oath ; and 
what was the repjy by one of the council, (Mr. Crovvell.) It was 
sad that a Minister of Christ was always under oath. And fur- 
ther, he said (as you will see by looking at Capt. Girdler's testimo- 
ny,) that all we had produced was nothing but a bubble. But 
mark the reply by Rev. Dr. Worcester; he said that what had 
been offered by us had great weight — and further, it would always 
have weight A just reply, we then considered it, and do now 
consider it so. For the truth of all my remarks 1 refer you to the 
testimony above mentioned, and to all the circumstances and pa- 
pers produced. I now proceed to show you the next public paper 
in rotation, as follows. 

Before I proceed, 1 will here remark, that there is an error in 
the Town Clerk's taking of the votes of the record, viz — he has 
embraced the fourth and fifth vote of the meeting together; and 
in the fifth vote here, he has embraced what should have been in 
the sixth and seventh; of course, the sixth vote here, is what 
should have been in the eighth, in order to agree with the votes 
of the meeting before mentioned; aud that the eighth and tenth 
vote in this statement is omitted. It is as you will see ot no con- 
sequence, as it only relates to giving Mr. Thurston a copy of the 
doings, and the dissolving of the meeting Being in haste when 
called on for th^se votes, he took nothing; more than he supposed 
the council wanted; notwithstanding he incautiously signed them 
as a true copy, attest, Delucena L. Bingham, town clerk. 

To the Citizens and Inhabitants of the Toivn of Manchester. 
This is to remind you that the Council agreed to by the Kev James Thurs^ 
ton and the town of Manchester, is to assemble together at the hotel on 
Wednesday the second day of June next. Also your committee will meet at 
the hotel the 31st day of this present month, at 4 o'clock P.M. !o recpive 
any communication for or against the Kev, .lames Thurston, to be laid before 
the council, or any or all persons may if they please make their communica-. 
tion. or accusation (if they have an,y) to the couacil on the day of their 
meeting at the hotel. 
May 24, 18J9. 

Per order of the Town's Committee, 

WM. TUCK, Chairman. 
A true copy. — Attest, Samuel Dana, Scribe of the Council. 

I remark, as this public notice apppeared to be addressed prin- 
cipally to us, the disaffected part of the community, and learning 
that the town had adopted the same course that they tried to pre- 
vent us from adopting on the 5th of April, that is, to choose a 
council, and lay all our allegations before the council at the time 
of setting, as you will sse by looking back to that date Then it 
was for us to produce all our accusal ions, specifically stated in wri- 
ting, twelve or fourteen days before the sitting of the council, &c. 
But now mark the difference in I heir notice. "You may now 
bring them at the day of the, council sitting, if any yon tiftVftir' 



45 

say (hey. This mode of treating the subject, we thought cruel in* 
deed, beyond description ; ami justly merited, as we conceived, a 
reply. We accordingly met, and concluded to reply in a public 
manner. 

The reader will remember, tint at this time, we the disaffected 
did not belong to the society when this notice was given, and that 
we had no legal right to prefer any charge whatever against Thurs- 
ton ; and that committee must have known that. Query. Why 
did they not propose lhat to us at the meeting of the 5th of April f 
Or why did they not accept of this same proposition when it was 
proposed by us ? The reason in my mind is obvious. They had 
some violent over-bearing men as leaders, that did not intend to 
have Thurston dismissed, although the general good required it, 
I infer this from all the proceedings- But, however, these men 
have since gone to their long homes } and but few mourners left to 
walk the streets. 

(No. 13.) 

Having noticed a public advertisement dated May 24th, 1819, per order 
of the town's committee, signed William Tuek, chairman, reminding the cit- 
izens and inhabitants of the town of Manchester of the sitting of the coun-« 
eil, we the undersigned, citizens and inhabitants of said town, believe it to be 
our duty to reply in this public manner, observing when the citizens of a 
town cease to regard their own interest and • wn happiness, those that advise, 
them should step with caution, lest from a disinclination to hear the truth, 
or other cause, they should be disposed to look on counsel as insulting; and 
from a strange aversion to the labor of thought, be treacherous to their own 
senses. The words used in the advertisement above alluded to '"for or 
against the Rev. James Thurston," appear singular indeed ; but more es- 
pecially the allusion to the accusation (" if they have any") Avithout enter- 
ing into elaborate detail to prove to the above mentioned committee the jus- 
tice of our cause, we presume we do know we have sufficient cause to justify 
us in our proceedings, and shall ever hold ourselves, ready to answer to the 
gentlemen who compose your council, either in person, or in writing; as 
they may request. 

N. B. As members of the Bev. Mr. Williams' society in the town of 
Beverly, and as a committee of that part ©f the society in the town of Man- 
chester. 

Manchester, May 29,1819. 

A. Burgess — D. L. Bingham — Tyler Parsons—H. Lee — Rich* 
ard Allen — Burley Smith — John Lee, Committee. 

A true copy. Attest, S A. M'L DANA, Scribe of the Council. 

The above is the last public paper, as submitted to the council, 
agreeable to Mr. Dana's certificate, aud is No. 13. as submitted 
them on the part of the town, as the council mentions in their do- 
ings at their first days sitting, I shall here explain this last pa- 
per, as it excited some considerable attention. The seceders did 
then believe, and do now believe, that the majority of the town, 
from some cause or other, did cease to regard their best interest in 
not indulging us in producing all our charges against Thurston at 
the sitting of the council, as we proposed, at the meeting of April 
5th. Further, we did believe that there was some in that com- 
mittee had a strong disinclination to hear the truth. And further, 
we believed that ail our counsel and persuasions were looked upon 
as insulting. And it appeared to us to be the want of thinking, 
und impartially investigating all the circumstances. It further 
appeared to us, that there was a strong aversion to know the whole 
truth ; we inferred this mode of reasoning from all the doings from 



4& 

time to time, when with them — and more apparent in this last do- 
tiee, in the paragraph where they invite us to bring our charges, 
if any we have. I say, under the knowledge that they had, viz — 
that Thurston stood charged with slandering the inhabitants of 
Manchester, and of many others ; we had offered to prove at the 
meeting of the 20fh ef January, and of the meeting held on pur- 
pose to try Thurston, by mutual agreement of the parties the 15th 
of February — when Thurston was to be sifted like wheat — when 
every man, woman and child, as Thurston said, should know the 
character of your minister, and they would love him ten times as 
much as ever. I say, under 3uch knowledge, we did believe that 
it would be useless to go into an elaborate detail to prove what 
we had been contending about for years. I now submit my re- 
marks on all the papers that has transpired as yet, to the consid- 
eration of the reader, and ask, whether it appears thus far, that 
we were actuated from a strict regard to the truth or not — and that 
for good purposes and justifiable ends. 

You will remember that June 2d was the time appointed for the 
setting of the council. The council is now in session ; the town 
committee submitted their papers, as the council say, from one to 
thirteen, viz: — those that have been certified by Samuel Dana, 
Scribe. For the purpose of treating the council politely, the se- 
ceders met on the same day, in order if the council should want 
to propose any thing to us, or enquire any thing of us, we should 
be in session, ready to answer as a society. Accordingly the 
council sent a committee to us, to see if we would have the polite- 
ness to offer any reasons why we left the society in the manner 
we did. And further, wished us to submit eur views to them, in 
some shape or other in writing, or give them some explanations 
of the actual situation of things. Our reply was in substance as 
follows : First — we do not now belong to the society, and of course 
have no legal right to come forward and sustain any charge 
against Thurston ; and further, we are apprehensive that you, 
gentlemen, are not authorized to try cases of slander, or any gross 
misdemeanor in Thurston — you not having power to compel evi- 
dence to the truth. But notwithstanding, we are willing to sub- 
mit our reasous, and to offer such reasons in explanation of them 
as we think best. 

I will here remark, that the committee left ia writing their wish- 
es, and we accordingly attended to them. The notice in writing 
was swept away with our waste papers, therefore it does not ap- 
pear. Their views I have already anticipated in my remarks. 
We then presented the council with papers marked from No. 1 to 
4, as the council say in their doings. One of the papers has al- 
ready been adverted to, viz. the paper of the meeting of the 
church of the 29th of March. You will there seethe object of 
presenting that meeting, viz. to show the council that we were al- 
ways re uly to call a council on fair terms, &c- — and No. 2 was to 
arrow them the numbers that had left the society, and to assure 
them of our intentions; that we always felt disposed to unite with 
our brethren, provided that Thurston was dismissed. No. 3 was 
to show that the truth of the remarks, (in a letter dated June 13th, 
1817, sent Thurston by Henry Lee, and D. L. Bingham.) where 
our difficulties had been increased by carrying them out of town, 
(meaning to Gloucester ;) and further, to show the council our be- 



Uefs respecting Thurston's slandering the inhabitants of Manches- 
ter. No. 4 was to show what the slander was, that we had refer- 
ence to, when and how the charge was brought on the 15th of 
February, 1819. Here follows our papers presented the council 
the first day, together with the ones above alluded to. 

To ihe Moderator of ihe venerable Ecclesiastical Council, noio in session in the 
town of Manchester. [to be communicated.] 

The undersigned, being freeholders and inhabitants of said town, having 
withdrawn our support from the Rev. James Thurston, considering his use- 
fulness at an end with us, under existing circumstances : wish it may be un- 
derstood that we have no desire of continuing in a state of separation, but 
feel disposed to unite with our brethren in ihe support of a congregational 
minister, provided Mr. Thurston's ministerial connexion with this people is 
dissolved. 

AbialBurges, John Allen, D. L. Bingham, Henry Lee, Obed Carter, 
Isaac Allen, Abner Allen, Jona. Allen, David Crafts, John Allen 2d. 
Richard Allen, Tyler Parsons, Aaron Allen, Burley Smith, David A 
Grosvenor, John Lee, John Girdler, John P. Mien, Abner Allen, jr. 
Benjamin M.KnowltoD, Ithamar Eaton, Samuel Cheever, Larkin Wood- 
berry, John C. Long, Israel Morgan, Samuel Kinsman, Rufus W. Long, 
Samuel M. Williams, John O. Morgan, Benj. Crombie, Azariah Allen, 
Daniel Allen, Josiah Lee, Jacob Cheever, Nathan Allen, jr. George Gird, 
ler. jr. Richard A.Ilen, jr. Daniel Friend, Malachi Allen, John Dodge, 
Joseph Baker, Ezekiel Allen, Joanna Allen, wife of John W. Allen, 
Lydia Alien, wife of James Allen, Polly Allen, wife of Samuel Allen. 
Mas chesier, May 29, 1819. 

Per order, D. L BINGHAM, Clerk. 

The foregoing is a true copy of the paper communicated to the council. 
Attest, SAM'L DANA, Scribe. 

To the respectful Ecclesiastical Council now in session in the town of Man- 

Chester. 
We the undersigned, give it as our opinion that our difficulties have beeri 
increased by carrying them out of the church for advice and settlement ; 
w hereas, as we conceived, they should have been adjusted in a more private 
manner, and kept within the walls of the church. 

We were convinced that the declaration made by Major Burley Smith 
before the town's committee in February last, 15th day, respecting Mr. 
Thurston's slandering the inhabitants of Manchester, was true in substance 
In which he said they were a covetous, malicious, and Indian set of people. 
DHucena L. Bingham, Tyler Parsons, Israel Morgan, Jonathan Allen, 
Obed Carter, Henry Lee, Malachi Allen, Isaac Allen, John Girdler, D. 
A. Grosvenor, Abner Allen. 
Manchester, June 2, 1819. 

A true copy, ' D. L. BINGHAM, Clerk: 

A true copy, Attest, SAM'L DANA, Scribe of the Council. 

To the Moderator of ihe respectful Ecclesiastical Council, now convened in tl.te 
town of Manchester. 

Dear Sir, It is with peculiar satisfaction we acknowledge the receipt of 
yours in behalf i»f said council. 

AVe reply. Respecting any accusations against Mr. James Thurston, we 
the undersigned beg leave most respectfully to report to you our views. One 
accusation of a gross, malicious, impious, slender, has been brought and proved 
to our satisfaction, at a meeting held in Manchester, the 15th day of Feb- 
ruary last past. Copy as follows, vie. 

Accusation brought against Mr. James Thurston, foi wickedly, malicious- 
ly, and impiously, without just cause or provocation, contrary to the laws 
of God and man, did, in presence of a respectable witness, in a violent man- 
ner, assert, and slanderously report, all, and every person in the town of 
Manchester, as a covetous, uaalicious and Indian set of people ; thereby giv- 



48 

ing a full exhibition of his disposition, his malice and his hypocrisy ; irijn' 
rious to the peace, the interest, and the character of the inhabitants of the* 
town of Manchester. 

It was also stated by witness under oath, that previous to the above slan- 
der, Mr. James Thurston did say, before he wou'd kn ..clcle to Dr Grosve- 
nor or any of this people, he would draw out the last drop of his heart's 
blood. 

N. B. The above wicked, malicious, and impious slander,' was com- 
mitted on the Lord's day evening after divine service, and at the dwelling 
house of Mr. Thurston. Believing it not to be within the jurisdiction cf 
any ecclesiastical body, to try cases of slander, falsehood, or any other gross 
misdemeanor, we shall reserve all cases of that nature, to be brought before e 
court proper to try the same ; having power to summons and compel evi- 
dence to the truth. The above, in connexion with his disposition, as hr.g 
been generally exhibited to us, is a sufficient reason we say to justify us in 
withdrawing our support and fellowship from said Fhurston as a gospel min- 
ister. The foregoing statement, together with some other papers, is res- 
pectfully submitted for the consideration of the council, agreeable to their 
request- 

We are. Gentlemen, with due respect, your most obedient and bumble 
servants, a committee in behalf of a respectable number of the inhabitants of 
Manchester, who have withdrawn their support from Mr. Thurston, and be* 
came connected with the society called Baptists, under the care ot Rev. Mr; 
"Williams in Beverly, as the only means of redress at that time. 
D.L. Bins ham— Tyler Parsons — Richard Allen — Hekry Lee — 
John Lee, Committee in behalf of the Society* 

I will here renSark, that we appeared and presented our papers 
before alluded to, to the council ; they received them — it being 
nearly dining time, we withdrew until the afternoon. We then 
appeared, and offered such statements in explanation of our writ- 
ten communications as we judged most fit. On the part of the 
church members, D L Bingham was chosen for that purpose? 
and ou the part of the society, 1 was appointed. Deacon Bing- 
ham made such remarks in behalf of the church members, as rea- 
sons for leaving the church and joining the society in Beverly, as 
was well calculated to show {be sincerity of the transaction; and 
that it was from a conscientious belief of duty, under then existing 
circumstances; that the church had for a longtime, labored under 
very unpleasant and trying causes, in relation to Mr. Thurston's 
conduct, both in ami out of the desk — and that there had been ev- 
ery fairway proposed to Mr Thurston, as would appear by their 
doings; and that the majority of the church thought be9t ; and in 
answer to their own consciences, to leave the society, in order 
that they may see the propriety of Mr. Thurston's being dismissed 
from this people 

On the part of the society, I endeavored to show, that Mr. 
Thurston's character was not such as a Gospel Minister's should 
be; and in evidence of the truth of my remarks, 1 referred them 
to the charge brought against him the 15th of February, 1819, as 
in our papers presented ; stating, that 1 believed every man un- 
prejudiced, would say that Thurston was guilty of slandering the 
inhabitants of Manchester, as was stated in Smith's evidence. 
And further — there were many reports in circulation of a very se- 
rious nature, such as were believed by us, and were such as this 
council had not jurisdiction over; having no power to compel and 
summons evidences to tell the truth. But, notwithstanding, we 
were willing to prefer one charge— that of Thurston's slandering 



49 

the inhabitants of Manchester, providing Thurston shall be put on 
oath. This occasioned a reply by Mr. Crovvel, assistant scribe, 
"that Ministers of Christ were always considered under oath." 
This occasioned a reply in return, "that we wished they would 
Conduct as such." It was then proposed to go into the investiga- 
tion of Thurston's slandering the inhabitants. — (Some considera- 
ble clamor.) They begin to enquire for Mrs. Thurston, as evi- 
dence for her husband By this time it was thought by the 
council not nest to proceed. Smith offered to be sworn, but was 
refused. 

For the truth of my remarks, I refer you to the council doings. 
Therein they acknowledge that they did not proceed — to use 
their own language, k 'the council" say they, "forbear entering into 
the causes or merits of the controversy, which has involved them 
in so much distress and peril " &c. For their views, 1 refer the 
reader to their doing*. The first day's work being ended by the 
council, they adjourn to the 17th of June next. Before they ad- 
journed, you will see the first vote was to give a fortnight, longer 
for these poor humble church members, those that had not seceded 
and those (hat had, to return, and sign an explicit declaration to 
adhere to the Congregational order. Then they would dismiss 
Thurston ; and that is not all they would do. They say that they 
will recognize them as constituting the Congregational Church in 
Manchester. I refer the reader to this very extraordinary piece 
of paper, that already has been a wonder to many. (See the 
Orders in Council* 2d Juue, 1819. 

I remark, that Joseph Hooper was the bearer of these Orders. 
To some of my brethren, it raised up their spirits to even think 
that Thurston was going to be d smissed This paper, I have ob- 
served, was a wonder — it created much excitement. Surely this 
is a day of wonders. 

Juue 1 7th arrived The council met according to adjournment. 
Organized themselves. A communication wis handed them from 
eight of the disaffected church brethren, adopting the articles of 
Dr. Worcester's Church, as you will see by looking at the council 
papers, &c. — This paper marked No 5, that was presented by the 
disaffected. The Council then say that they received a commu- 
nication from Tyler Parsons, Henry Lee, Sam'l M Williams, and 
Richard Allen, as a committee in behalf of the society, which was 
read and filed — the council call this paper No 5; that of course is 
a mistake, for they give us credit for 4 the first day, and, two com- 
munications the 17th of June. This paper that the council calls 
No. 5, is an answer to their paper, handed us by Joseph Hooper; 
you will there see that we meekly and fearlessly tell them our 
opinion of liberty both in church and state. We had reason to re- 
joice, and again f say to rejoiee, that our pious ancestors had made 
provision for us in the constitution, and God grant that it may be 
transmitted down to the latest generation and preserved inviolate, 
that the sons of blood-bought freedom may worship God agreeable 
to the dictates of their own consciences, and have none to mutest 
or make afraid. The council then say they received the vote of 
the whole church. 1 presume the council mean the whole present. 
For it appears they had but eight out of all that seceded; of 
course they must mean all that signed the church articles above 
mentioned. 



(Council Paper, No. 1.) 

Wednesday, Jane 2d, 1819. 
Pursuant to letters missive from the church of Christ in Manchester, and 
their pastor, the Rev James Thurston, in concurrence with the town, as 
Ecclesiastical Council was convened at the house of Mr. Benjamin Thomp- 
son in said town, " for advice, also to decide on the subject of their difficul- 
ties and the dissolution of Rev. Mr. Thurston's pastoral and ministerial 
relation among thein.'* 

Present, 

Church in Hamilton, by Rev, M. Cutler, L. L. D. pastor, and brother 
John Whipple, delegate. 

Church in BeUille, Newbury, by Rev. James Miltimore, pastor, brother 
Benjamin Hale, delegate. 

Tabernacle church in Salem, by Rev. S. Worcester, D. D. pastor, deacon 
Neheraiah Adams, delegate. 

First church in Marblehead, by Rev. Samuel Dana, pastor, brother R. 
Homan, Jr. delegate. 

South Church in Salem, by Rev. Brown Emerson, pastor, brother 
William Lang, delegate. 

South church in Danvers, by Rev. Samuel Walker, pastor, Dea. Fitck 
Pool, delegate. 

Church in Sandy Bay, Gloucester, by Rev David Jewet, pastor, brother 
Francis Norwood, delegate. 

Church in Essex, by Rev. Robert Crovvei, pastor, brother Samuel Burn- 
ham, delegate. 

Church in the Harbor, Gloucester, by Rev. Levi Hartshorn, pastor, broth- 
er Heury Phelps delegate. 

Rev. Dr. Cutler was chosen Moderator—* 

Rev. S. Dana, Scribe — 

Rev. R. Crowe!, Assistant Scribe. 

After prayer for divine direction by the moderator, the council proceeded 
to receive information from the Rev. Mr. Thurston, and the committees of 
the church and town in relation to the unhappy -difficulties subsisting among 
them, and several written documents were exhibited, read and put on file, 
numbered from 1 to lS. Committee, brothers Joseph Hooper, Nathaniel 
M. Allen, Nehemiah Goldsmith ; committee of the town, William luck, 
Esq. Major Henry *tory, Col. David Colby, Capt Thomas Leach, Major 
Israel Foster, Mr. Ebenezer iappan, Capt. John Hooper. Rev. Messrs. 
Walker and Hartshorne, Deacon Pool, and brother Phelps, were appointed 
to wait on gentlemen who have signed their names as a " Committee of 
Rev. Mr. Williams' Society in Beverly, residing in ?4anchester," staling to 
them that the council are disposed to give them opportunity to make any 
communications to the council that they may deem proper. The disaffected 
brethren of the church, and committee of that portion of the society con- 
nected with the Baptist church in Beverly, appeared, and exhibited their 
papers, which were read and filed, No. 1. to 4. 

Disaffected brethren— Delucena L. Bingham, Tyler Parsons, Israel Mor- 
gan, Jona. ^tlen, Obed Carter, Henry Lee, Malachi Allen, Isaac Allen, 
John oirdler, D. A. Grosvenor, A'oner Alien, Committee — Several of the 
above, together with Abiel Burges, John Allen, 2d, Richard Allen, Euriey 
Smith, John Lee. Adjourned for one hour. 

After dinner, council resumed their sitting, and the brethren who have 
receded, and a committee of the disaffected in the society again appeared, 
and ofleied >.uch statements in explanation of their written communications 
as they saw fit. Baying deliberated on all that had been laid before them, 
the council proceeded to consider the expediency of dissolving the connex- 
ion between the Rev. Mr. I hurston and his church and people ; and on this 
point made enquiries separately, of the committee of the town, the commit- 
tee of the church, and Rev. Mr. Thurston. It was then voted, that the 
persons, maie and female, who are iu covenant with the church now under 



51 

the pastoral care of Rev. Mr. Thurston, and have not withdrawn themselves 
from his ministry, together with such of those who have withdrawn and con* 
nected themselves with the Baptist Society in Beverly as shall return within 
a fortnight from this day and subscribe an explicit declaration of their inten- 
tion to adhere to the congregational order and discipline agreeably to the est- 
ablished usages of our churches, provided the Kev. Mr. Thurston be dismiss- 
ed ; and to seek the regular settlement of a congregational minister as his suc- 
cessor, shall be recognized by this couneil as constituting the congregational 
church of Christ in Manchester. 

Rev. Air. Miltimore and Br. H. Phelps were made a committee to consid?- 
er, during the recess of this council, what compensation should in equity be 
made by the town of Manchester to the Rev. Mr 1 hurston, provided he should 
be dismissed Rev. Messrs. Dana and Emerson were chosen to prepare a res- 
suit of this council, to be reported at the adjournment. The council adjourn- 
ed to meet again at the same place on Thursday the 17th of Juneinst. at nine 
o'clock A. M. 

To the ecclesiastical council now in session m Manchester. 
Having received ao extinct of votes passed by the council, attested by 
Sam'l Dana, scribe, which proposes a declaration of our intentions of support- 
ing the congregation;:! order and discipline — To this we reply, that having re- 
cently a covenant and articles adopted by the tabernacle church in k «alem, we 
do consider these to contain our views and beliefs of the great objects of faith 
and the necessary discipline and government in the church of Ckrist. 
Manchester, June 17, 1819. 

D. L. Bingham, Jonathan Allen, 
Obed Carter, Isaac Allen, 
John Gikdler, Malachi Allejj, 
Israel Morgan, David A. Grosvenor, 

Members of the church in Manchester. 
A true copy, attest, SAMUEL DANA, Scribe of the Council. 

Here follows the reply to the council papers: 

To the Rev. Sam'l Dana : — Dear Sir — Having received by the hand 
of Capt. Joseph Hoeper, on the eve of the 3d of June, a paper purporting t© 
be extracts of votes of the council, on the 2d of June, attested by you as scribe 
for the council, you will confer a favor on the subscribers if you will hand the 
moderator this paper, to be presented to the council respectfully, as an answer 
to their votes, go far as they appear to relate to those who have withdrawn 
themselves from the support of Mr. Thurston. 

To the moderator and gentlemen of the respectful council, now convened in the 
town of Manchester. 

First, With regard to an explicit declaration to adhere to the congrega- 
tional order, we have in the most unequivocal manner stated to you our views 
and feelings on this subject, as follows, viz : — We have no wish of continuing 
in a state of separation, but feel disposed to unite with our brethren in the 
support of a congregational minister, provided Mr. Thurston's ministerial con- 
nexion with this people be dissolved. Ih making the above statement to you, 
gentlemen, we were impressed with the belief, that you would have consider- 
ed us sincere, more especially when so respectable a number of the inhabitants 
as subscribers were presented to you, explicitly declaring as above stated. 

Secondly, As it respects the established usages of your churches, in every 
particular, we do not pretend to know what they are — but we presume you 
will readriy admit every church to be independent of each other, as it respects 
discipline; you will not pretend to abridge the right the constitution has grant- 
ed us. The second article of the constitution provides as follows, viz — " It is 
the right as weLl as the duty of all men in society, publicly and at stated sea- 
sons to worship the Supreme Being, the great creator and preserver of the uni- 
verse. And no subject shall be hurt, molested or restrained in his liberty, 
person, or estate, for worshipping God in the manner and season most agree- 
able to the dictates of his own conscience, or for his religious profession or 
sentiments; provided he doth not disturb the public peace, ©r obstruct others 
*n religious worship," 



Thirdly, respecting Mr. Thurston's being dismissed, we have no hesita- 
tion in giving .iur opinion if he is not dismissed, we presume seven eighthsof 
this people will leave him in twelve months. They will no iloubt embrace 
the sentiments of the seventh article of the constitution, which is as follows — 
"Government is instituted for the common good, for the protection, safety, 
and prosperitv, and happiness of the people ; and not for the profit, honor or 
private interest of any one man, family, or class of men : Therefore the peo- 
ple alone have an incontestable, unalienable, and indefeasible right to insti- 
tute government ; and to reform, alter, totally change the same, when their 
protection, safety, prosperity and happiness require it." 

Fourthly, as it respects our being recognized by you, gentlemen of this 
most respectable council, we shall always be happy in being in fellowship wich 
our neighboring churches and especially those who feel disposed to maintain 
the rights and privileges of the chu/ch and people. 

Fifthly, further, gentlemen, if vhere has been any insinuations, hy any one 
presented to you, directly, or indirectly, calculated to establish in yourminds 
an idea, that any member either in church or society, among those who have 
recently withdrawn themselves from Mr. Thurston would wish to break up 
the congregational order in this place, by introducing a new system of belief, 
faith or practice, i'he insinuation is uugentlemanlike, unchristianlike, and 
false. Tf any further communication from us is wanted, we shall be happy to 
wait on you in any manner you may choose. 

With the above remarks, we the subscribers, in behalf of the members of 
this society who have recently withdrawn their fellowship and support from 
!Mr. Thurston, heg leave most sincerely, and with due respect, subscribe your 
most obedient and humble servants, 

Iyler Parsovs, HexryLkk, 

Sam ? l M. Williams, Richard Allen, 
Manchester, June 17th, 1819. Committee in behalf of the Society, 

A true copy. Attest, SAM'L DAN A , Scribe of the Council. 

Manchester, Jane 17, 1819. 

The council met according to adjournment, and after prayer by the Rev. 
Mr. Miltimore, resumed the considerations of the subjects submitted to 
them A commuuication was received from eight of the disaffected brethren 
of the church, viz. D. L. Bingham, Jona. Hen, Isaac Alien, Via'achi 
Allen, David \. Grosveno; , Obed Carter, John Girdler and Israel Mor- 
gan, stating that " having recently seen a covenant and articles, adopted 
by the Tabernacle Church in Salem, they do consider them to contain their 
views and beliefs, of the great objects of f:ith, and the necessary discipline 
and government in the church of Christ " 

A communication was likewise received, signed by Iyler Parsons, Henry 
Lee, Samuel M. Williams and ftichard Allen, as a committee in behalf of 
the society, which was read and filed No. 5. Committee of those of the so- 
ciety who have withdrawn 

The council received the following vote of the whole church : 

Voted, That for the purpose of re-establishing and cementing the union of 
this church, we solemnly and unitedly adopt the articles and covenant con- 
tained in the pamphlet now before us, purporting to be the same which are 
in use in the tabernacle church iu Salem, and bearing the manual signature 
of Martha Lee. 

Manchester, June 17, 1819. 

A vote of the church Attest. D. L. BINGHAM, Clerk. 

The committee on the subject of remuneration made their report, which 
was con side red amended, and filed N T o. The committee appointed for the 
purpose, reported a result, which when amended was adopted as follows : 

Result The coancil are deeply imuressed with the sacred nature, the 
foletnnity ami high importance of the rel aio-t of a minister of the gospel to 
the ,.eople of his particular charge, and cannot but express their sincere re- 
gre: hat in tue present instance any circumstances should exi«i to render it 
ex. lient for -his relation to be dissolved But as it appears thai a large 
portion of the church and society, and the lastor himself think that it can- 
not be for heir iutual advantage, for their present connexion to be con- 
tinued, so the council also are of opinion that on the whole it is best that the 



83 

pastor should be regularly dismissed. From the documents and statements pre- 
sented we have le rned >vi h pain that difficulties and dissentions of longstand- 
ing have ocaasioned a lamentable division among this people and an unhappy 

degree of disaffection in the minds of many toward ihe pastor; that a con- 
siderable number of the biethren of the church, and members of the society, 
have withdrawn themselves from his ministiy, and that there seems to be no 
hope of a restoration of union and harmony, nor any e conraging prospect, 
either of his ministerial usefulness, or of his receiving a competent support, 
so long as he remains in this place 

AVe therefore judge it proper, that the pastor sh-uld ask a dismis ion of 
the church, and that the church should grant his request, with fair testimo- 
nials of his christian and ministerial character, and that his stated labors 
among them should be closed on the last c abbath of the present month. Be- 
ing desirous of avoiding, as far as practicable, whatever might have a tenden- 
cy to prevent the future tranquility and happiness of this beloved people, the 
council would forbear entering inte the causes and merits of the controversy 
which has involved them in so much distress and peril, any further than to 
state, i'sthey do explicitly, and with heartfelt satisfaction, that after oppor- 
tunity afforded for a full hearing of all the parties, nothing prejudicial to the 
moral, christian, or ministerial character has been sustained. It is the opin- 
ion of the council that the town should take the real estate of the Rev Mr. 
Thursti.n, situated in Manchester, off his hand at such a price as shall be 
determined by impartial judges mutually chosen by the parties, taking into 
consideration its original cost and its present value. We wish it to be un- 
derstood, that we are far from viewing this as an adequate remuneration or 
indeed as any remuneration to Mr. Thurston, on the ground of equity. We 
cannot but consider him as entitled to a liberal compensation for the dam- 
ages that must be sustained by him But this result is formed in a spirit of 
accommodation, with an anxious regard to the welfare bith of Mr. T. and of 
this people. He is earnestly recommended to their justice and kindness, in 
the hope, that by all the means in their power, they will endeavor to light- 
en the burden, and alleviate the affliction of bis being deprived of the ordi- 
nary means of support, and reduced to the necessity of removing to a dis- 
tance in such trying circumstances. < he council are not insensible that the 
scene of dismission must be attended with many painful sensations to the 
pastor, and with him and his dear family they feel a tender sympathy- At 
his period of life, and situated as he is with respect to those who under Prov- 
idence are dependent on him, it cannot but be peculiarly afflictive to be 
thrown upon the wide world, by means of his separation from a people near 
his heart, with whom he had calculated to spend the remainder of his 
days, among whom his labors have been so greatly blessed, and of whom so 
large a proportion continued stedfast in their attachment to him. We ear- 
nestly commend him to the grace of God. and pray that all his trials may 
issue in the furtherance of the gospel, and his more abundant profit and joy. 
That al! his future steps may be divinely direrted. and that a d-.;or may be 
opened for him in some other part of the gospel vineyard, and where he may 
labor with grfat happiness and success. 

For the church and society the council also feel a lively concern. This con- 
cern has indeed been in a measure relieved by tne very satisfactory return to 
the church of eight ol the brethren, who had withdrawn themselves and given 
their names to the Baptist society in Beverly, and the united adoption by 
them and the. brethren who have adhered to the Rev. Mr Thui«ton. of a 
particular form of church order and covenant, as a pledge and security of 
union and peace. And the explicit declaration of forty-five individuals of 
this society who have connected themselves v it h the said Baptist society in 
Beverlv, that they •' are disposed to unite with their brethren in the sup- 
port of a congregational minister, provided Mr. ' hurston's ministerial con- 
nexion with this people be dissolved " is regarded as highly auspicious, to the 
religious interests and general welfare of this town. These solemn pledges 
we dpvoutly trust will be held inviolate, and lead to the desired happy con- 
summation Yet aware dear brethren, that your situation is still in no 
slight degree critical and pxnsed. we do. in the n me and for the love of 
our common Lord solemnly and ane etiomitelv exh"/t and entreat you. to 
strive together by all proper means, to kepr the uuitj of tbi spirit in he 
bond of peace, to put away from you all bitterness and wratb, and auger, 



and clamor, and evil speaking with all malice, and be kind one to another, 
tender hearted, forgiving one another, even as God for Christ sake hath for- 
given you, particularly to be on your guard against all sectarians or other at- 
tempts to divide and scatter you, and humbly to wait upon God in prayer, 
and in the best manner, for the purpose, that he may soon bestow upon you, 
as a rich ascension gift, another pastor according to his own heart who will 
lead you in the true way of the gospel, and feed you with knowledge and 
understanding. 

And unto him who is able to keep you from falling, and to present you as 
faultless before the presence of his glory, with exceeding joy, to the only 
wise God our Saviour, be giory and majesty, dominion and power, both now 
and ever. Amen. M. CUTLER, Moderator. 

Samuel Dana, Scribe. ' 

The following dismission and recommendation were voted by the Church, 
in presence of a committee of the Council. 

Manchester, June 17, 1819, 

Agreeably to the advice of the Ecclesiastical Council here convened, at 
the request of the pastor and church of Christ in Manchester, in concurrence 
with the town, we the said church hereby testify, that our pastor, the Rev. 
iames Thurston, has sustained a good christian and ministerial character dur- 
ing his residence among us ; and at his desire, we dismiss and recommend 
him as a member in regular standing, to any regular church, where, in provi- 
dence he may be called to reside. Signed by order of the church, nemine 
wntradicente. JOSEPH HOOPER. 

Attest, Samuel Dana, Chairman Com. Council. 

The following was voted as the Council's recommendation of Mr. Thurston?* 

Manchester, June 17, 1819. 
The Ecclesiastical Council, here convened, by letters missive from the 
Rev. James Thurston, and the church in Manchester, in concurrence with 
the town, "for advice, also to decide on the subject of their difficulties, and 
the dissolution of the Rev. Mr. T's pastoral and ministerial relation among 
them. Having judged the dissolution of their sacred connexion, under exist- 
ing circumstances expedient, do sincerely recommend him as a minister of 
food standing and fair character, to all people among whom in the course of 
is providence he may be called to labour, and fervently hope and pray, that 
he may still continue to be an honored and useful servant of Christ, and of 
souls, in the vineyard of our common Lord." 

M. CUTLER, Moderator. 
Samuel Dana, Scribe. 
The proceedings of the Council having been publicly read in the meeting- 
house, the Council dissolved. 

Attest, SAM'L DANA, Scribe, 

I remark, that when the council say they received the vote of 
the whole church, they mean all that were present; for it will be 
remembered, that some of the church members refused having any 
thing to do with any of the council's proceedings— and of course 
did not vote to adopt those articles alluded to, passed June 17, 
1819, attested D. L. Bingham, clerk. 

I further remark, that the council say that the committee on the 
subject of remunerating James Milternore of Newbury, and Mr. 
Phelps of Gloucester, made their report, which was amended and 
filed. This report before it was amended, if I understand it right, 
(and I believe I do) read, that the town of Manchester, having nev- 
er given any considerable sum to Mr. Thurston to help him build 
in Manchester, &c. then provides, that the town should give Thurs- 
ton not less than four hundred dollars cash,iuu\ take his real estate 
off his hands in Manchester, having reference to the cost and lo the 
present value, as you will see by looking at the council's advice to 



55 

the town. I should like to ask how this committee got their in- 
formation respecting the town's not aiding Thurston in building; 
in this particular they are very incorrect In the first place, the 
town of Manchester gave Mr. Thurston all of one quarter part of 
the worth of that pfcce; they first gave him the spot which would 
have fetched 300 dollars, to use it as a mill privilege. 1 am of the 
opinion, that it would fetch 400 for that use to-day, and this spot 
was reserved for that express purpose. The petition to the town 
meeting was got up and advocated for Thurston to have that spot 
for to bus id on, for the simple sum that would give him a title to it 
—owe dollar — and this one dollar was given to him by Mrs. Sally 
Allen. Further, Capt. John Lee put the deed on record, and paid 
the expense ; so that in fact it did not cost Thurston one farthing. 
1 believe he bought a piece of land adjoining, costing about thir- 
ty dollars as 1 understood. Then Jet him give credit for all the la- 
bour he received of the poor people in Manchester, and I presume 
it will amount to one fourth part of the cost of his buildings in Man- 
chester, the report of the committee to the contrary notwithstand- 
ing 

Is not one fourth part a very considerable sum to present him 
with — thru why does this committee undertake to make such a 
gross statement? 1 can only account for it on the principle, that 
they received their information from Thurston. I confess, that 
this committee was exceeding liberal with our money, not less than 
four hundred dollars, in addition to every thing else they recom- 
mended. * Well for Manchester, that was all the committee could 
do, whs to advise, that being all the power they have; however, a 
majority of the council do not approve of the committee's report — 
they strike the 400 dollars out at a dash, and report the remainder 
as 1 understand it. Next thing I observe in the council's doings 
is to iind some way to get the disaffected brethren of the church to 
vote; a committee from the council was appointed, and came down 
below — 1 was present — they made enquiries of the brethren if the 
church would vote a recommendation of Thurston and dismission — 
they all as one refused to recommend Thurston t* any society what- 
ever. Mr. Henry Lee and myself objected to having any thing to 
do with him , we had left him and belonged to a society in Bever- 
ly — and further, it was said to the council committee, that we be- 
lieve Thurston is a bad man, and we should not recommend him 
to any christian society. H. Lee and myself left the room — now 
you will see what Capt. John Girdler tells you in his affidavit — 
that they, eight in number, entered into an express agreement with 
this committee from the council to vote Thurston's dismission, and 
not liis recommendation — they were then called up stairs, and there 
was informed, that the vote of dismissing Thurston and recommend- 
ing him, was blended together. The church brethren refused vo- 
ting at all. The committee had previously agreed with these 
eight brethren not to vote against them ; the church brethren not 
seeing the bearings of a vote of that kind, they agreed to that 
mode. The council then called on the minority of the church, viz: 
four members that never had seceded from Thurston, to appoint a 
chairman of the church ; one of them very readily appointed 
Joseph Hooper, chairman. They are now prepared for the vote. 
The vote was called for to dismiss and recommend Thurston, all 
under one,— and declared to be unanimous, both in Church wd 



56 

Council; as you will see by looking at the council doings, ncmcni 
contradiccnte. 

I will now show how it stands in fact. There was Joseph Hoo- 
per, Nathaniel Allen, Nehemxah Goldsmith, Stilson Hilton, four in 
number, for it Against him, those that would not recommend 
him to any society, Deacon D. L. Bingham. Obed Carter. Mala- 
chi Allen, Isaac Allen. Jonathan Alien, Israel Morgan. David A. 
Grosvenor, John Girtfler, eight in number, turn con. hy tht couhtil 
notwithstanding. 1 refer you to the testimony of John Gir<Mer, "ut- 
ter I left the room — and I have heard all the rest of the eight teil 
the same thins. The Council repaired to the Meeting-house, and 
read their doings (as they say; in their papers annexed. 
THURSTON DISMISSED. 
The town seems to he perfectly wilting to have Thurston dis- 
missed, but do not choose to have any thin?: to do with the advice 
of the council, respecting his real estate, as you will see by fook- 
ing to the votes oassed the 22d day of October, 1819, annexed to 
the memorial of Thurston. It was then expected that Thurston 
would call on the town, in som< shape or other, by law. Bui for 
good reasons, I presume, he has not yet called, though he has 
told them that they iiad better leave it to men than resort to law. 
By carefully looking over the council doings, you will see that 
they know nothing about this matter in dispute ; they say that there 
was no charge sustained The plain reason appears to be this; 
the council had come to this conclusion — that there was sufficient 
cause to dismiss him, from difficulties of long standing, as they say. 
And further, they say, that desirous of avoiding so far as is practi- 
cable, what might have a tendency to prevent the future tranquil- 
ity of this people. These are the reasons that the council gives, 
for not having anj' charges sustained; so of course, there wa3 not 
any charges sustained As it respects peace and tranquility, we 
agree with the council ; but as respects the mode of obtaining it. in 
such cases as we are now treating of, 1 have been led to conclude 
the best way is, impartially to investigate all the difficulties, and 
place priest and layman under the same oath; and after a patient 
investigation of the merits of the case, give an opinion as it respects 
the justice of the cause, without fear, favour, or partiality to any 
man ; and for not doing so in many cases, much injury is done. 
If the council on Thurston had gone into the merits of the case, 
of Thurston's slandering the inhabitants of Manchester, that would 
have led them to the dissection business ; and that to the false letter 
that Thurston circulated in Manchester ; in order, as we believe, 
to acquit him of the charge as in Doct. Mussey's letter to Bewail. 
Although at the time of the sitting of the council at Manchester, 
we were not in possession of Doct. John Dewey's deposition, to 
show that he had not written Thurston, as he says, any letter 
since 1817, yet the circumstances warranted us to believe, that 
that letter was false. 

I shall now make a few remarks on the memorial, for the pur- 
pose of showing the reader the -probable intentions of Thuislon 
the 15th of May, when that unusual friendly meeting took place; 
for particulars you are referred back to the doings of that meeting. 
You will see that the strength of all his memorial and claims 
against the town of Manchester, rests on the second vote, the 15th 



57 

dflVTay, TSI9. After proceeding in his memorial, lie endeavors 
to show that the council had been governed by the sentiments of 
that meeting ; and that their doings was altogether conditional ; 
and that he has a declaration in writing from every one on that 
council to that effect. Let Thurston call on that council now, and 
see what they will say about conditions ; see what they say after 
having gone into the merits of the nose. Will they not require 
the very conditions Thurston refers to in his memorial, viz: that 
he had performed his official duties as became a Minister of Piety> 
Morality, andwirtue »• on his part, they certainly will. And if so, 
where is his claim on Manchester/ October 27, 1819, Thurston's 
letter then reminds them of the 15th of May ; is this such treat- 
ment as his friends had a right to expect? They placed all confi- 
dence in him; they adopted the vote precisely as it was handed 
by him, and his remnant of the church, unsuspicious that he would 
threaten Uiera with law; especially when he tells them as by the 
council papers, it is by by his desire that he is dismissed; and sign- 
ed by order of this remnant of the church, that petitioned the town 
for this meeting of the 15th of May, 1819. I refer the reader to 
the council doings, to the memorial, to the letter annexed, &c. for 
the truth of all my remarks. 

I shall close by briefly taking a retrospective view of the whole 
transaction between Thurston and myself, and my christian 
brethren in the church to the time of dismission. We found by 
experience with said Thurston, that his conduct, his disposition, 
ami his practice, as 1 have endeavored to shew you by all the 
facts before mentioned, was such as rendered it highly necessary 
to institute an inquiry into his conduct ; and by this inquiry we 
found him involved in many unpleasant transactions, as you will 
see by looking into all the history up to the memorable 15th of 
February, 1819. You will see by looking at all the papers pre- 
sented afterwards to the council, the objects at which we strictly 
and religiously aimed at the truth ; but prevented from this noble 
object in view by a great variety of obstructions, too numerous to 
be mentioned here, they may be readily seen by a strict, careful, 
and hnpaitial examination of all our proceedings., up io the 17th 
Juiw, IB 19, to the time of Mr. Thurston's dismission from Man- 
chester, I would ask, was it not our duty so to do, if we did believe 
him guilty of what was alledged against him? and ought we not 
as christians to endeavor to prevent a reproach being brought on 
the religion we profess ? was it advisable for us to recommend 
Thurston to any society whatever, under such knowledge and be- 
lief as we then had ? Surely the candid reader will say not. Was 
it our duty to have continued with the society, and not have se- 
ceded from Thurston, under the circumstances we were then 
placed ? 

It was not then in our power, being in the minority, to accom- 
plish any object whatever, without producing the displeasure of 
the majority of our parishioners, on this ground, we seceded, fully 
believing that this measure was at that timv most productive of 
peace. 1 here ask the reader to look at all the facts as I have 
produced them ; together with all the corroborating evidences, in 
order to support them, and then ask one's self, is it possible to be- 
lieve otherwise than we did ? The very idea of knowing what il 

8 



58 

right, supposes that we should trace matters to their origin^ au<l 
there unfold the principles of a man's actions, in order to prove t© 
demonstration how far we can safely judge and determine for our- 
selves, what is right or wrong. On this ground we did endeavor- 
to proceed, and conducted accordingly. Ami here 1 shali leave 
it with the public to determine the propriety of my conduct ia 
relation to James Thurston as one of the seceders Here fol- 
lows the depositions in support of the truth of my remarks. 

The Affidavits of Copt. John Girdler, of Capt. Abiel Burgess, of 
Mr. Daniel Amiable, of Doctor Reuben D. Mussey, of Doctor 
John Dewey, of Mr. Sargent Burnham, and of Capt. Samuel 
M. Williams. 

By a careful examination of ail these affidavits, you will find 
ihe facts, (I presume,) supported,— together with ail the circum- 
stances attending them, 

■I JOHN GIRDLER, of Manchester, County of Essex, 
and State of Massachusetts, of lawful age, do depose and say, that 
some time in the year 1816, I believe it to have been in the month 
of November, I was chosen as one of the committee to draw up some 
rules of church discipline, with others, and that Mr. Tyler Parsons as 
one of the committee, did perform that duty. The articles were pre- 
sented to Mr. Thurston for his perusal and acceptance, as Mr. Thurston 
informed me. He, said Thurston, did not approve ot them, but did substitute 
others in the room of them, and 1 handed them to Mr. Parsons, for his ac- 
ceptance ; he refused to accept of them, until the rules already to be pre- 
sented to the church drawn by him, was agteed or disagreed on by the church, 
as he was the person appointed and requested to do that duty. Thurston, 
being offended at that, he tried to prevent these rules spoken of going into 
effect. They were adopted in the church for one year. From that time Mr. 
Thurston -appeared to show a spirit of dissatisfaction with iVIr Parsons, of- 
ten speaking of him as a dangerous man, especially in the church. Reports 
from Thurston was soon in circulation injurious to the character of the church, 
and especially Mr. Parsons, as though he said Parsons eventually would 
overthrow the present system of faith and belief in Manchester He said 
Parsons being a unitarian or a universalist, or a man of infidel principles, and 
without something is done he will introduce these unitarian sentiments into 
our church, and that will fast lead on to infidelity. It behoves me as a Min- 
ister of Christ, said Thurston, to put a stop to his career — and many of these 
kind of insinuations came from Thurston from the time that the church arti- 
cles were adopted — it was at I hurston's dwelling-house, and at a meeting ap- 
pointed for that purpose, that Mr. Thurston came forward, and objected to 
having them received by the church, observing that his name was not on 
them— and that he said Thurston attempted to prove by the Bible his right 
of negativing the church, as i understood him, in that particular; difficulties 
had been existing between Mr. 'Thurston and Dr. urosxenor and others for 
years. There now seemed a cessation of arms, and it was thought advisable 
to get up thof>e rules for the purpose of preventing further difficui ties— but 
all to no good purpose, the proceedings of Thurston occasioned a meeting 
May 8th, 1817— the church met, Mr. Thurston presont—and as the officers 
and members present told me, when they began t© examine Thurston he left 



59 

the room* The church then passed votes after a full examination of things 
that in their opinion Mr. Thurston had been the author of certain reports'^ 
which were injurious to us as a church, and requested the committee to write 
him on the subject. They informed me that they did write him — I have seen 
his reply to theirs, dated June 17th, directed to Deacon D. L. Bingham, 
which occasioned an answer by the committee^ Mr. Parsons, and Mr. Henry- 
Lee. 

By this time the church was in a very unhappy state of things ; about two. 
thii ds- of the male members appeared to have withdrawn their fellowship ;-^ 
there was so many circumstances that they relied on to charge Mr. Thurs- 
ton with prevaricating contrary to the character he professed, the pointed 
allusions frequently from the desk, and the history of prevarications out of 
the desk by Thurston, I believe parted the cords of affection, and gowed dis- 
eord and confusion all around us The communion was suspended for a 
while. By this time the church had come to this conclusion, that Thurston 
must eventually go from this place. I had endeavored to make the best of 
all Mr. Thurston'* doings, and sayings ; I lived about two miles from Mr 
Thurston, therefore 1 had not an opportunity of seeing and knowing so much 
of Mr. Thurston's proceedings as the rest of the committee. At all times 
when Mr. Thurston called on me, he spoke of Mr. Parsons in a very un- 
christian-like manner indeed, unbecoming the christian character; and I be- 
lieve Mr. Thurston did produce great evil in the church and society in Man- 
chester. 

Some time in the fall of the year 1818, I believe it to have been in the 
month of November, there was a report in circulation in Manchester, and 
elsewhere, respecting James Thurston, then minister of said Manchester — 
his advising Doct. John Dewey, then of Hanover, in the year 1815, to settlft 
in Manchester in the capacity of a physician ; and that said Dewey came 
there— and when there at Manchester, said Thurston offered to said Dewey, 
the facility of dissecting dead bodies, as an inducement for Dewey to tarry 
in Manchester; this report, together with many others injurious to the char- 
acter of Thurston and church, were believed by a majority of the church 
and many of the parishioners. The facts that accompanied them, together 
with the habits of Mr. Thurston, in relation^ to his uyual way of prevarica- 
ting, induced us to believe that this report was well grounded, Thurston de* 
nyingitto the contrary notwithstanding; the situation of the church was 
deplorable without this charge, by Thurston's conduct as then believed — the 
committee from the church had already informed Mr. Thurston that we had 
withdrawn our fellowship from him, as a minister of Christ — and should contin- 
ue to remain so, until he Thurston confessed bis many wrongs in that manner* 
that the gospel required. Mr. Thurston being at variance at this time with 
Doct. Grosvenor of this town, and had been at different times for some years ^ 
this difficulty originated principally from Thurston's interfering with Doctor's 
medicine and practice, as Doctor had stated to me ; the truth of this I am 
knowing to — some instances, one I will state; Mr. Thurston called at my 
sisters, the wife of Capt. John W. Allen, in Manchester, she then being out 
of health; he said Thurston did then and there advise her, Mrs. Allen, to 
employ physicians of skill, as he, said Thurston, said her case was alarming — 
Thurston knowing at the same time that she had Doct. Grosvenor attending 
her. Thurston then gave her to understand that she would be soon relieved 
from the imposition of Doct. Grosvenor's medicine and practice, for there was 
a physician on his way to this town; this was in- the fall of 1815, I believe t 



60 

not long before Doct. John Dewey came into town, in order to establish? 
himself as a physician. It was then supposed that Doct. Dewey was the 
one Mr. Thurston alluded to. Doct. Grosvenor being a church member, led 
me and others to enquire of Mr. .' hurston, if he did advise Doct. Dewey to 
Manchester. He, said Thurston said, that he did not either directly or indi- 
rectly, in any way; neither, said Thurston, did I know of Doct. Dewey's 
coming to '.a; chester before he came, tt was a subject of enquiry general- 
ly, who did invite this Doct. Dewey into town. It was then believed that 
Thurston did invite Dewey to Manchester, his denying of it to the contrary 
notwithstanding. Dewey staid here about four or five weeks, to the best of 
my knowledge; and then finding that he could not succeed to his expecta- 
tions, he returned as I was informed to the country. 

I further testify and say — in conversation with Mr. Thurston, I told him 
that we did not employ him to invite physicians here into town, nor to turn 
them out of town; the circumstance of huiston's being charged with this 
conversation with Dewey about dissection business, came to Manchester by 
a letter from Doct Reuben D. Mussey, dated at Hanover, October 26, 1818. 
I believe it began to create serious difficulties. Mr. Thurston was called on 
by me and others; he denied of ever having any conversation on the subject 
of dissections with Doct. Dewey, when at Manchester in 1815 ; and insinua- 
ted at the same time, that this letter from Mussey, was got up by some one 
prouably in Manchester, for to ruin him and family. 

I then went to Chebaco, now Essex, and obtained the original letter of 
Doct. *ewall, for the purpose of showing Mr. Thurston, in order if he was 
innocent, that he may have a fair opportunity to acquit himself, 1 then gave 
him a copy of said letter, the extract that relates to him, where he was char- 
ged of such advice. He then said be was going into the country to get a line 
from Doct Dewey, to exhonorate him, said Thurston, from the charges alle- 
ged against him. Thurston went or his journey, as he pretended, on that 
day, together with his wife, and was gone not far from one week. Soon after 
his return, I being anxious to hear how he succeeded, I calle I on him. I 
then enquired of him respecting his heal' h; be replied, that he was quite 
worn down and fatigued, and that he had worn d >wn three horses on his 
journey. I asked him if he had been successful in seeing Doct. Dewey. He 
replied, that some future time would explain the enquiry more perfectly; he 
repeatedly said that 1 should understand more about it at some other time. 

From that very moment 1 believed that Thurston was verily guilty of the 
charge alleged against him in Mussey's letter to Sevvall. I did not receive 
any satisfaction to the contrary; his pretended journey in the country not- 
withstanding. Thurston intimated to me that all would be right in the end, 
and that he should prove innocent. I then stated to Mr. Thurston that the 
church and town was much excited about the matter, and I wished a further 
explanation of him, in order to satisfy the church members and others, when 
enquired of respecting his innocence. Thurston replied, 'don't be worried, 
be easy, 1 am a-: innocent man; this was in the month of December, 1818, I 
believe. Not long afterwards, : hurston sent for me; when there at Thurs-. 
ton's house, he stated to me, that it would not do to have all his ({[fairs known. 
He then asked me if 1 had the original letter written by Doct. Mussey to 
Doct. Sewall, in my possessession. I replied, I have. He then enquired if I 
was going to return it to Doct. Sewall. I replied. I was going to return the 
letter. Thurston then said that this letter was going to be a great trial to 
him ; said he, 1 am not going to have my character thus handled ; I am de- 



01 

ter ruined to see the matter out, as a duty I owe my family, and the cause of 
Christ; for I have the first lawyer engaged on my part in New-Hampshire. 
Yes, replied Mrs. Thurston, you may Avell say that Mr. Thurston. I have, 
said Thurston, a host of adversaries to combat with; 1 wish you now, said 
Thurston, to be particular and let me know w hat is said, and what the peo- 
ple's opinion is in town, respecting these charges. I declined having any thing 
to do with this business ; I could not enter into any such arrangements. He 
then said to me, you hold that letter and keep it. Of all your mother's chil~ 
drcn, you loct yourself the best. I then asked Mr. Thurston what he meant 
by such an insinuation or threat as that. Said Thurston, I am determined to 
see the matter closed — and I am determined to make use of such means as 
God shall give me, in order to effect the same. I then told Thurston that I 
should advise with a friend respecting keeping the letter — we parted. 

I accordingly advised with my friend about returning this letter. He told 
me by all means return it to the person I received it of, Thurston's threats 
notwithstanding. Shortly after, Mr. Thurston came to my house with his 
wife, and Miss Abigail Hooper. I believe it to have been about the 
month of December, in the year 1818. He requested me to step out with 
him ; we retired from the company; he then said to me, do you yet retain 
that letter I spoke to you about when I last saw you — and if so, what con- 
clusion have you come to about returning of it ? He further asked me if Mr. 
Parsons had atlvised me to return it. I replied to Thurston that i should re- 
turn it; but Mr. Parsons had not said any thing to me about it. Thurston 
then said to me, is the letter to be seen ? I then showed him the letter, the 
oi iginal from Doct Mussey to Doct. Sewall. Thurston then replied, that it 
was a false letter, got up for to ruin him and family. He then commenced 
conversation respecting Mr. Parsons; be asked me what Mr. Parsons had 
.said about it, &c. — and further, he exclaimed much against him : he slander- 
ed Mr. Parsons in a most unbecoming manner, with unchristian-like epithets, 
to my utter astonishment for a minister of Christ. He then said to me, I 
wish you to keep that letter — for as long as you keep that letter I am 
safe. I then let a female friend of Thurston's have the letter by his request, 
and when I called on her for the letter, she observed she could not obtain it 
— she said that William Norwood had it. I then demanded the letter of her. 
She then said that she would see Norwood and get it. When I saw her 
again, she observed that she had tried to get the letter but could not from 
Norwood. Norwood was ihen called on for the letter; he then produced 
it, after being threatened. He came to my house about 12 o'clock at night, 
sometime in the month of December, I believe it to have been in 1818, with 
the letter— and then produced two letters, as he said was copies ; Joseph 
Hooper's name was on them, certifying that they were copies. He wish- 
ed me to certify that tbey were copies Considering myself thus treat- 
ed by Thurston in regard to this business, I wrote him a letter. I 
received no answer from Thurston. The next time I saw Thurston, 
he acknowledged the letter as having received it; he began ay saying 
to me, beware of what yeu do ; I am a gentleman, and a minister ; and you 
have villified my character. Well, said T, if I have done it, you are the fa- 
ther of it; you have taught this to me I then demanded satisfaction for 
what he had said. He replied, I shall give you none. I replied, I am full 
warranted to pursue this thing; you may now expect to meet me and 
some of my brethren in the church. Said Thurston, 1 care not what you do.-. 



6% 

I left the room, being at Thurston's dwelling house at that time. I called' 
on Mr. Parsons to go with me to Thurston to examine the matter; he re- 
fused ; he, Mr. Parsons, said, that there could not be any reasonable satis- 
faction obtained of him, and when you have suffered as much from him as I 
have, said Mr. Parsons, you will then be perfectly satisfied of Thurston's 
character. I then called on deacon Bingham — he thought as Mr. Parsons 
did respecting Thurston. I then called on Mr. Henry Lee and Mr. Jonathan 
Allen— they went to Mr. Thurston's house. I then in conversation tbere, 
had a just occasion to charge Thurston with a falsehood, in relation to what 
he had said to Capt. Burgess. Thurston then acknowledged the falsehood, as 
there was not any possible way to prevaricate in that case. I then observed 
I wished to have an explanation of all our proceedings, and that before the 
church in the manner that the gospel points out. He then requested me to 
submit in writing to him my complaint?, for the purpose of exhibiting them 
to a committee out of the church, those of his associates as appeared to me ;. 
for there was three or four that never had paid any attention to the difficul- 
ties in the church. I believed Thurston wished to leave it to those members 
and those only, by his conduct it plainly appeared so to me. All hopes were 
abandoned for an adjustment with Thurston in a christian manner, in my 
views of the subject. Thurston not long after, say in the month of January,., 
1820, called a town meeting to enquire into certain reports in circulation 
tespecting his character, (as he said) the 20th of January, I believe the town 
meeting was, and then Thurston was not- ready to answer to any thing. He- 
there said that he would be ready at the adjournment of that meeting to 
Some future day, if the town should agree on it, to be sifted like wheat, and 
that every man, woman and child, should know the character of your min- 
ister, and that they would love him ten times as much as ever. The town 
condescended to grant J hurston a committee, and that committee was to 
meet on the 15th of February following. "Phey accordingly met. Thurston 
came forward and accused himself of certain things, viz. that he was said to 
have been guilty of fornication, and of getting one girl with child ; and of 
getting a bundle of shingles from the school-house in a fraudulent manner ; 
and that he had advised Doct. John Dewey to settle in Manchester, for the 
purpose of carrying on private dissection ; or in other words, to barter away 
the dead bodies of his people, &c. The above named charges of fornication „ 
and getting a girl with child, never was a subject of litigation in the church 
©r town, to my knowledge. He further said that he was often with the wo- 
men and girls. Thurston was then charged of slandering, the inhabitants of 
Manchester indiscriminately, and proved I believe, to the satisfaction of ev- 
ery impartial man that heard the trial. Thurston would not proceed further. 
He said he would be tried by an ecclesiastical tribunal. 

, I further testify and say, that Mr. Thurston screening himself from exam- 
ination, at the meeting of the 15th of February, led us, a majority of the 
church, and a respectable part of the town, to inspect the oituation of I burs- 
ton more close than ever. At length we who seceded came to the conclu- 
sion, that Thurston was guilty of sundry base charges, suetaas rendered him, 
unfit for holding the office of a minister. 

Charges that we should have alledged against Thurston-, providing- we. 
'Could have a fair opportunity, either in town or council, are as follows : 

No. 1. Thurston's conduct in, Manchester had destroyed his usefulness as 
a minister. 



m 

23. That Thurston, taking shingles from the school house in the manner 
he did, and making, as was believed, false statements t© Mr. Burnham and 
Burgess, respecting them. 

3d. Thurston had an agency in getting Dr. John Dewey to the town of 
Manchester, in the year 1815, and when there at Manchester, did advise 
said Dewey to tarry in Manchester as a physician, telling him that he 
might have a line opportunity for private dissection, as there would not be 
the least difficulty in obtaining subjects there. 

4th. Thurston had slandered the inhabitants of Manchester in a most dis- 
graceful manner, contrary to the laws of God and man. 

5th. Thurston called a town meeting,as I believe,tbr the purpose of obtain- 
ing a select committee, with the intention of evading a proper enquiry into 
reports contained in the afore mentioned charges. 

6th. f hurston did bring two charges against himself, viz. fornication, and 
the report of his getting one girl with child. 

Knowing that these base and unwarranted charges had never become a 
subject of litigation, either in church or town, to my knowledge, and that 
said false charges were produced by said Thuiston, knowing himself that they 
would not prove true, for the express purpose, as 1 believe, of preventing 
those that were true coming out to the public view. I believed that Thurs- 
ton did pretend to go into the country ,and as he, told me, to see Dr. JohnDew- 
ey, then residing at Lancaster, JNsw Hampshire, in order to get a letter or 
certificate from taid Dewey, to exonerate him from the charge of dissection as 
reported in Dr. wiussey's letter. Further said Thurston did circulate a let- 
ter some time in the month of March, 1819, purporting to have been sent 
him by mail, and from Dr. John Dewey, and circulated by said Thurston as a 
true letter to exonerate him, said Thurston, from the charge of dissection, 
when at the same time I did believej, and those that seceded from him, that 
it was a false and forged letter, got up for the express purpose of acquitting 
him from a charge tnat I did believe him to be guilty of. 

I further testify and say, that the foregoing charges, with all the attending 
circumstances, was sufficiently evident to my mind, and in the minds of oth- 
ers, that induced me to leave i hurston as a church member, together with a 
majority of the male members of the church, and a respectable part of the 
society, the 5th of April, 1819. 

I further say, that my beliefs and opinions have since been confirmed, fey 
seeing the testimony of John Dewey, that he had not written Mr. Thurston 
any such letter, neither has he signed any letter to Thurston since the year 
1817, but that Thurston had written to Dewey to send him a certificate or 
statement, such an one as Thurston must have known to be false, in relation 
to Dr. Dewey's coming to Manchester. After many painful church meetings, 
and other measures, all to no purpose, the church members, or a majority of 
them, and a respectable part of the society, finding that they could not obtain 
what we conceived to be a fair hearing, on the principles of choosing a coun- 
cil, we seceded from Thurston and the society. The town then called a 
council on the same principles as it respects any charges that was to be 
brought before the council, as those that we the seceders proposed. The 
council set on the 2d of June, 1819, and when organized, they waited on 
the disaffected brethren, and wished us to hand them the reasons why so ma, 
ny of the church and parishioners had left the society. We accordingly at- 
tended to them. Mr. Parsoas and Deacon Bingham was selected to repre- 



m 

gent the views of the seceders, and the papers were presented the connc-Ti 
We appeared, and ir Parsons and he. Binghain attended to that duty* 
Mr. Parsons offered to p.efer one charge, viz. that of Smith's testimony of 
Thurston's slandering the inhabitants of Manchester. Mr Parsons lequired 
that Thurston should he put an oath as well as Smith, providing he, Thurston, 
Should be admitted to say any thing in his own behalf ; but was replied to by 
Mr Grbwelr, one of the council, that a minister of Christ was always under 
oath ; and, said Mr. Crowell, all that they have produced is nothing but 
a bubble. He, Crowell, was replied to by Doctor Worcester, that what had 
been said by the disaffected had great weight, and would have weight al- 
ways, as I understood him. The eouncil forbore going into the merits of 
any of the causes on any investigation whatever The council adjourned to 
4he 17th June The church members that seceded were invited to join 
them in dismissing and recommending Thurstom ; they all to a man refused 
recommending Thurston to any christian society whatever. We refused on 
the ground as we stated to the council committee, that Thurston was a bad 
man, and ought -not to be imposed on any society whatever, as a minister of 
the gospel. The council committee gave us to understand that it was highly 
necessary for us to vote his dismission, if we could not vote him a recom- 
mendation ; they said that they could not well proceed without, as they 
considered them that seceded as belonging to the church, and that it required 
a majority ; we then agreed with council committee not to vote against 
them, in recommending Thurston, if they saw fit. This express agreement 
being entered into, we went up into the council chamber. Eight of us, two 
of the brethren, viz. Tyler Parsons and Henry Lee, left the room. They 
utterly refused having any thing to do about his dismission or recommenda- 
tion. When we eight brethren got to the council chamber, they informed 
us that their votes were so blended, that it was to dismiss and recommend 
Thurston all under one vote; we then refused voting at all, either his dis- 
mission or recommendation. They then proceeded and called the church to 
appoint a chairman. There was, I believe, four church members present that 
never seceded from Thurston — Joseph Hooper, Nehemiah Goldsmith, ISa- 
thaniel Allen, and Stilson Hilton. Joseph Hooper was nominated by one 
of the four members, as chairman. The Council proceeded to call the vote 
to dismiss and recommend Mr. Thurston ; the above named four members 
unanimously, I believe, voted for it. The eight members of the church, viz. 
Deacon D. L. Bingham, Obed Carter, Malachi Allen, Isaac Allen, Jonathan 
Allen, Israel Morgan, Doct, David A. Grosvenor, and myself, did not vote 
at all ; we having previously agreed with the Council, not to vote to the 
contrary, before we understood the bearing that such a vote would have on 
us. The Council proceeded to declare the vote unanimous, notwithstanding 
there was four for it, and eight against it ; tiemine conlradectnti by the Coun- 
cil notwithstanding. And further say not. 

JOHN GIRDLER. 

March 4, 1823. 
The above named John Girdlcr personally appeared before me, 
David Colby, one of the Justices to keep the peace in the comity of 
Essex, and was sworn to the truth of the above deposition by him 
subscribed. 

DAVID COLBY, Justice ef the Peace. 



65 

1, ABTAL BURGESS, of Manchester, county of Essex, Commonwealth 
of Massachusetts, of lawful age, do depose and say, that in the year of 1815» 
I belie ve it to have been in the fall of the year in the month of November, a 
man came to my house with a letter of introduction and recommendation, by 
the name of John Dewey, of Hanover, N. H. — He, said Dewey, gave me to 
understand, that his intention was to settle in Manchester in the character of 
a physician, and that he wished me to give him my opinion as it respects his 
encouragement. I replied to him that Doct. Grosvenor was here, and I be- 
lieved that the people were tolerably well suited with him. I rather declined 
giving him a decided opinion. I then recommended him to call on Major 
Burley Smith, and others in town. As no one appeared to encourage him 
Ihut Mr. Thurston, he (Thurston) came to my house, and recommended Doct* 
Dewey very highly as a man of talents, and of a very reputable parentage 
and skill in his profession, &c. Not long after, I understood that Dr. Dewey 
had concluded to leave Manchester, as he told me, not finding encourage- 
ment in this town. Mr. Thurston was very busy in waiting on Dr. Dewey, 
■but to no good effect. Thurston was at variance with Grosvenor at this time, 
and had been at times for years. I had been selected as one of the referees 
to settle the difficulty between them ; but Thurston continued to interfere 
with Grosvenor's medicine aixl practice was the occasion of the business not 
being adjusted at that U.ne, I believe. I asked Sir* Thurston if he ever ad- 
vised Doct. Dewey to come to Manchester, in order for him to establish him- 
self there in the character of a physician, or if he had any agency in Dewey's 
Goming there. He repeatedly denied of having any agency in his coming 
there, or any knowledge of his. coming whatever, before he, said Dewey, 
came there. I further testify and say, that in the year of 1818, I believe to 
have been about the month of July,. I as one of the committee cho?en by the 
town of Manchester, together with Mr. Tyler Parsons, Deacon D. L Bing- 
ham, Major Burley Smitn, and Capt. John Knight, for the purpose of super- 
intending the building of a school-house in said town. We did agree witk 
one Sargent Burnham for to build said house, and that Mr. Parsons was our 
principal contractor abroad and at home, and some time in the fall of the 
same year Mr. Thurston came to me about some shingles — informed me that 
he had sent and got a bundle of shingles, of those that was left at the school- 
house— and that Mr. Burnham told him, said Thurston, that he was auther* 
ised to sell them. Thurston further said, that Mr. Parsons was much offend- 
ed about his getting them, and had sent Burnham to inform him of it. 
I replied to Mr. Thurston, that I did not know that Mr. Burnham was au- 
thorised to sell any thing belonging to the house. I then stated to him that 
Mr. Parsons had told me that he never had given Mr. Burnham liberty to 
sell any shingles, or any thing else, and he believed that you had got these 
shingles by way of contempt on the committee, and on him particularly, as 
you would not condescend to speak to him about them. You not being pleas*- 
ed respecting the locating of the school-house on the parsonage ground, and 
by way of contempt on Mr. Parsons as a committee man. 

I further testify and say. that some time in the winter of the same year,the 
committee having met for the purpose of closing their accounts,they met at th% 
tavern in Manchester, and not being satisfied about Mr.Thurston's taking the 
shingles in the manner he did, we sent for Mr Burnham the master builder for 
to explain whatThurston said to him in order to obtain them. I then told the 
committee that Mr. Thurston in conversing about the shingles with me, said, 
that Mr. Barnham informed him, that he was authorised to sell them— -Mr. 

9 



66 

Burnham being present replied, if Thurston said so he (Thurston) is a liar-*- 
for I never told hitn any such thing. But on the contrary Burnham sai.i he 
told Thurston that he was not authorised to sell any thing belonging to the 
house — hut did further tell Thurston no doubt he could have the shingles by 
applying to the committee. We then as a committee proceeded to examine 
this thing, finding that Thurston had made false statements to one or both of 
us, and we then wished to be satisfied for what reason, i then concluded, 
that Thurston took the shingles in the first place by way of contempt on the 
committee, and particularly Mr. Parsons, as Mr. Parsons was the principal 
acting man in the committee, and i hurston not being on good terms with him 
— and further, Thurston not feeling pleased with the setting the house on the 
parsonage ground — he was not social with any one except John knight. — - 
Thurston did tell me, that he did apply to Capt. Knight's wife respecting the 
shingles, and that Mrs. Knight replied that she heard Mr. Rnight say there 
was shingles left of the school-house. Knight not being present, the above 
was all the information we could get on the subject. We found by looking 
over the circumstances, that Thurston had lied to me, and to Mr. JBurnhara 
too. Mr. Parsons then observed among other things, that if i hurston's char- 
acter was that of a noted thief, he should consider it an act of stealing in 
Thurston — or, said Parsons, if Thurston or either of us should take a piece 
of goods in Cornhill, Boston, the same way, in his opinion we sbould be ap- 
prehended as a thief. The above is to the best of my knowledge and belief, 
the substance as said by Mr. Parsons and by 1 hurston about the shingles. 

I further testify and say, that there were serious diiriculties in Manches- 
ter with Mr. 1 hurston, on ing to certain reports in circulation respecting dis- 
secting business, the shingle account, and the disposition Mr. 1 hurston ap- 
peared to exhibit at a meeting of the £0th of January, 1819, and at the meet- 
ing at the school-house of the 15th of Feb. 1819, for the purpose of enquiring 
iuto certain reports in circulation as Mr. Thurston said was injurious to his 
character. He then said, that it was reported that he was guilty of fornica- 
tion, and was often with the women and girls, and had got one girl with child, 
and that he had advised Dr. Dewey to Manchester in 1815 for to carry on 
private dissection, and that he had taken a bundle of shingles from the school- 
house in a clandestine and fraudulent manner. The committee having agreed 
a majority of them, that to have any charge preferred against Mr. t hurston 
there must be two evidences — it caused much debate — but Mr. Tyler Parsons 
offered to prefer one to begin with, although he considered it a deviation from 
the rule entered into the 20th of January, when this meetiug was appointed, 
I was one of the committee, and had uniformly been a friend to Mr. Thurs- 
ton, which led me to indulge him at this meeting further than we should have 
done. He had pretended all he wanted was a fair trial, and that he should prove 
an innocent man, ana to use his own language, he said he was willing to be 
sifted like wheat, and that every man, woman, and child, should kuow the 
character of your minister, and that they would love him ten times as much 
as ever — this was said by Thurston at the meeting of the iOth Jan. 1819 — the 
charge was brought by Mr. Parsons, and proved by Major Burley Smith, the 
case of Mr. Thurston's slandering the inhabitants of Manchester in 1815 — 
the manner that Mr. 'I hurston adopted to rid himself of the charge, the evi- 
dence he produced, all tended to show his guilt of that charge. I then began 
to believe that all his pretences to innocence were false. 1 believe that the 
most part of the committee were satisiied that Thurston was guilty as alleged 
by Smith. Mr. Thurston then said he would not proceed any further, that he 



67 

£ad got more than he could bear, and that he would be tried by an ecclesias? 
tical tribunal — the committee excused him from proceeding further- The com- 
mittee never made any report to the town. The difficulty with Thurston be- 
gan to increase — meetings by the church and by the town. At March meet- 
ing considerable clamor respecting raising Thurston's salary. Mr. Thurston 
had previous t«> this time predicted he shouid have a letter to acquit him from 
the charge of advising Dr. Dewey to Manchester, and when there to advise 
him to the practice of dissection, as was stated in a letter from Dr. Musseyof 
Hanover, to Dr. Sewall of Essex, then ( hebaco. About this time, the 1st of 
March, 1819, Mr. Thurston came to my house, and informed me that he had 
received a letter from Dr. John Dewey acquitting him from the dissecting 
business, agreeable to his prediction and expectation. I replied to Mr. Thurs- 
ton, lam very glad — for you was placed in a very unpleasant situation with 
respect to that charge. Said Thurston. I have taken great pains in order to 
obtain this letter ; but I have made out at last. He then gave me to under* 
stand that al! the charges would turn out the same, noiwithstanding it ap- 
peared against him at that meeting of 15th February. Mr. Thurston read 
this letter to me by my request. I thought as he read it, that it did not ac- 
quit him so explicitly as I expected of that charge. I then took the letter 
and read it; and from the manner of expression, and the hand writing of the 
letter, I thought it was not from Doct. Dewey, as I had seen his writing— 
notwithstanding it was signed John Dewey, the body of the letter and the 
signature was two hands writing, as appeared to me. 

My family being sick at that time, I said but little to Mr. Thurston. la 
a few days after, Thurston came to my bouse, as he was to attend the funer- 
al of my daughter the next day; Capt. David Crofts, and Capt. Samuel M. 
Williams, present. When Mr. Thurston was going out of the house, he ask- 
ed me to step out in the entry way— he then introduced this letter business ; 
some considerable conversation. I then requested him to let me have the 
letter to show Capt. Crofts and Capt. Williams, in order to satisfy them ; as 
I had told him that it was said to be a false letter, in the opinion of some. 

Thurston refused letting me have the letter to show them, and refused 
giving me a copy of the letter. Said Thurston, this people is bent on mis- 
chief. I was then convinced that it was a false letter, got up for the pur- 
pose of acquitting him from the charge of dissecting business. I then conclu- 
ded that Thurston was guilty of all the charges alleged against him by the 
inhabitants of Manchester. I was then confirmed in my mind, that the char- 
ges he brought against himself, of fornication, &c. was brought to cover up 
those charges that were true; as two of the charges Thurston brought were 
not even made a subject of legislation in Manchester, to my knowledge. 

I further testify and say, that there was not any charge presented the 
council, as preferred against Thurston except one, viz. the case of Thurston's 
slandering the. inhabitants of Manchester, that was offered by Mr. Parsons — 
but the council refused going into the merits of it. And from the whole pro- 
ceedings of Thurston, I was induced to believe Thurstoa a man regardless 
of the truth — piety— morality. And further say not. 

ABIAL BURGESS, 

Manchester, March 3, 1823. 
The above named Abial Burgess, personally appeared before me, 
and was sworn to the truth of the foregoing deposition, by him 

DAVID COLBY, Justice of the Peace. 



68 

I, DANIEL ANN ABLE, of Manchester, in the County of Essex, 
and Commonwealth of Massachusetts, of lawful age do depose and say, that 
some time in the fall of 1818, Mr. James Thurston was reported to have been 
guilty of advising Doct. John Dewey to Manchester, in tbe year of 1815— 
and when at Manchester, he, said Thurston slid tell him it was a good place 
for dissection. As soon as this report came out, Mr. Thurston did deny it— ^ 
and also denied having any agency in getting Doct. Dewey to Manchester. 
He, said hurston did pretend to go in the country, in the month of Decem- 
ber, 1818, for the purpose of obtaining a statement of Dewey, to clear hiui 
from the dissection business. And on his return, I called on ^*lr. Thurston, 
at his dwelling-house, to enquire of bis success. Thurston gave me to under- 
stand, that he had been two hundred miles, and that he had accomplished his 
object, and that he had a tedious journey, and with the help of two or three 
horses, he had performed this journey. T then asked him how he made out 
with Ooct. Dewey, and how the report of the dissecting business was. He 
said that it is without any foundation, not even the shadow — and not so 
much as there was about his stealing the shingles; for, said Thurston, there 
was some shadow of a foundation for that. This was I believe in the month 
of December, 1818. And further say not. 

DANIEL ANN ABLE. 

Manchester, March 15, 1823. 
The above named Daniel Amiable, personally appeared before me, 
and was sworn to the truth of the foregoing deposition, by him sub- 
scribed. 

DAVID COLBY, Justice of the Peace. 

The reader will see that Thurston tells Mr. Annable there 
was some foundation for the story respecting his stealing the 
shingles, notwithstanding he prosecutes me with all the energy 
that it is possible to conceive of for the manner which 1 constru- 
ed the business. I ask, did not Thurston bring this action against 
me, knowing that I had committed myself in the law, in respect 
to his obtaining the shingles, and knowing that he should recover 
the cost at least, and of course, the public would be led to suppose 
him innocent of every charge that the seceders had against him. 
Look at all his threats to Girdler, and all his serpentine maneu- 
vering with that false letter, pretended to have been received 
from Dewey; then judge of his mtentions. 

The character of Tnurston is portrayed in Girdler's testimony, 
and Burgess' and iiurnham's, as large as life. There you see him 
to Burnham, endeavoring to get Burnham to give him a false state- 
ment, and to swear to the sume in love, as Burrjliam s*ys. You 
see him requesting Dr. Dewey to give him a false statement, as 
in Dewey's deposition. Burgess says he made false statements to 
him. Girdler says he made false statements to him. This is the 
man that says in his memorial to the council, his only ambition 
was to preserve the affections of his flock. 

Rder to the memorial. 



69 

I REUBEN D. MUSSEY, of Hanover, in the county of Grafton, 
and State of New Hampshire, of lawful age, do testify and say, that in the 
year 1818, early I believe in the summer, in conversation with Doctor John 
Dewey, of Lancaster, in this state. I stated to him Dr. Sewall's difficul- 
ties at Ipswich, and the strong part that the Rev. Mr. Crowell of that place 
and the Rev. Mr. Thurston, of Manchester had taken against Doctor Sew- 
all That on hearing this Doctor Dewey expressed much surprize that Mr* 
Thurston should have so far changed his views, since he, said Dewey, was at 
Manchester, with a view to establish himself there in the practice of his pro- 
fession. That he, said Thurston, in a conversation with said Dewey, offer- 
ed; among other inducements for him to remain in Manchester, the facility 
of procuring subjects, and of prosecuting private dissections there. 

I further testify and say, that in th-s autumn of the same year, 1818, (I be- 
lieve it to have been in the month of October) Dr. Dewey, 'n a conversation 
I then had with him, confirmed the above statement ; but expressed an un- 
willingness to give an affidavit of it, from motives, as he told me, of regard 
to Mr. Thurston's character, and gratitude for kindness shewn him (said 
Dewey) by said Tharston. 

Question by Tyler Parsons. 

Did you ever put into the hands of Doctor Thomas Sewall, of Ipswich, 
any demand you had against Doctor David A. Grosvenor, of Manchester, 
for collection? 

Answer by deponent — I did ; a note for fifty dollars signed to me by saifl 
Grosvenor. And further saith not. REUBEN D. MUSSEY. 

State of New Hampshire. — Grafton, ss. 

On the fifteenth day of March, in the year of our Lord eighteen hundred 
and twenty, the aforesaid deponent was examined, and cautioned and sworn, 
agreeably to law, to the deposition aforesaid, by him subscribed, taken at the 
request of 1'yler Parsons of Manchester, in the county of Essex, in the 
Commonwealth of Massachusetts, merchant, and to be used in an action of 
trespass, on the case now pending between James Thurston of Manchester 
aforesaid, clerk, plaintiff, and the aforesaid Tyler Parsons defendant, before 
the Justices of the Circuit Court of Common Pleas, to be holden in the coun- 
ty of Essex, and for the county of Essex and Commonwealth of Massaohu= 
setts, on the third Monday of March instant, the adverse party living more 
than twenty miles from the place of caption, was not notified, the said depo- 
nent living more than thirty miles from the place of trial, is the cause of tak~ 
iBg this deposition. BEN J. T. GILBERT, Just, of Peace. 

Essex, ss. C. C. C, P. March 7, 1820. 

Opened in Court, and filed. 

Attest. Ichabod Tccker, Clerk. 

Fees and Expenses for taking this Deposition, vis. 
Writing and caption, - - - - 1 00 

Subpoena and summoning, &c. - 50 

Deponent's attendance, &c. - - iO 

$1 90 

The reader will notice a question to Mussey by me respecting 
a note of fifty dollars, being irrevalent to the deposition — the rea- 
son of my asking that question— Thurston, you will remember, had 
stated to Maj. Burley Smith, that Dr. Grosvenor had cheated i)r, 
Mussey out of this money, which is a false statement by Thurston. 



70 

Doct. Grosvenor has an affidavit from Dr. Sewall, certifying thaff 
he received the money of Grosvenor — I have seen it. Grosvenor 
being absent from this town now, or 1 should have produced his af- 
fidavit to this effect. Here you see Mussey testifies to the truth 
of what Dr. Dewey told him respecting the conversation that Mr. 
Thurston had with Dr. Dewey at Manchester, in the year 1815, 
about dissection. If Thurston had not been guilty of this advice, 
would he not have long since called on Dr Dewey by the law ? 
has he not every opportunity — has not Dr. Mussey written to that 
effect, and testified to the same 1 I presume you will say that Mr. 
Thurston does not dare to bring up Dewey for telling the truih y 
although there was probably no one to hear the conversation be- 
tween them. Look at the letter sent Dewey by Thurston, dated 
Jan. 14th, 1819 — there you see Thurston wants Dewey to give 
him an honorable letter. He then telis him if he does not give bim 
such a letter, painful consequences will ensue, &c. — hear the threats. 
Dewey, finding that Thurston begins to threaten him, he lets 
Thurston all alone — he does not write him at all. It seems that 
Thurston had already written him to give a false statement — this 
Dewey discloses to him, in order to shew Thurston where he stands 
in relation to the whole transaction. 

You will see in Thurston's letter te Dewey, dated January 1 4, 
1819, then he says to Dewey that there's a town meeting going 
en in consequence of the difficulties arising entirely from this 
source. I ask, is not this a false statement by Thurston. When 
he appeared at the town meeting, 10th Jan. & 15th Feb. was not 
this charge the last charge he produced? and further, does it not 
appear from his own statement, that Thurston produced the two 
first charges, 15th of Feb. 1819, agaiust himself for the express 
purpose of preventing the above charge of d>ssection and other 
charges coming to public view. 

I presume to say, if we had copies of all the letters that Thurston 
has written Dr Dewey, we should be able to explain the whole 
matter why Thurston has not long since prosecuted Doct. Dewey 
even for telling the truth. 

The reader is requested to read Dewey's depositions carefully. 

I JOHN DEWEY, of Lancaster, in the county of Coos, and State of 
New Hampshire, physician and .^urgeon, of lawful age, do testify and say, 
that I was at Manchester, in the county of Essex and Commonwealth of 
Massachusetts, about the latter part of November, 1815, and there had let- 
ters of introduction to a Capt. Burgess and others of said Ma, Chester, and 
there saw and conversed with the Rev. James Thurston, then the minister of 
said Manchester ; but do not now, after a lapse of four years, recollect de- 
sultory conversation occurring at that time, any account or relation of any 
such conversation that 1 have made to any person or persons, 1 believe to have 
been consistent with the strictest regard to truth; and that I have never in 
any conversation, or at any time been disposed to injure the said Mr. i hurs- 
ton. 1 have not written the Rev. Mr. Thurston any letter, or forwarded to 
him any letter; neither do I recollect to have made any verbal communica- 
tion to him, or seen him. Neither have I any reason to believe that he has 
been in this part of the country since the close of the year 1817. 1 have an 
impression that the said Rev. Mr. Thurston did know that there was some 
.probability of my going to Manchester before I went there, and that he had 



71 

some agency in relation to my going there, although he has by letter request- 
ed me to give a certificate or statement to the contrary, or requested me 
to certify to what I think he must have known to be false. Yet it is 
possible that this my impression may be an incorrect oae. I did not, howev- 
er, receive any letters from Mr. Thurston, previous to going to Manchester* 
and I never was there at any time, except in the fall of 1815. 

Lancaster, March 13th, 1820. JOHN DEWEY. 

Quest, by Tyler Parsons. Doctor Dewey, have you ever written Mi*. 
James Thurston on the subject of dissection, since you was at Manchester, by 
way of denying or confessing what you said to Doctor Reuben D. Mussey at 
Hanover, or any where else on that subject ? 

Ans. by Deponent. I have not written any letter or letters to Mr. James 
Thurston since the close of the year eighteen hundred and seventeen. 

Quest, by lyler Parsons. Then you say if Mr. Thurston has got a letter 
fey mail or otherwise, purporting as coming from you, and directed to him, 
since the year eighteen hundred and seventeen, it is false : and if your name 
is to it, it was written by some one else, and is forgery. 

Ans. by Deponent. I have not written, neither can Mr Thurston have re- 
ceived from me any such letter since the year eighteen hundred and seven- 
teen, neither have I signed any such letter. 

Lancaster, March 13/fe, 1820. JOHN DEWEY. 

State of New Hampshire, Coos, ss. 
On the thirteenth day of March, in the year of our Lord one thousand 
eight hundred and twenty, personally appeared before me (at Lancaster, in 
said county of Coos) Samuel A. Pearson, a Public Notary, within and 
throughout the State of New Hampshire aforesaid, duly appointed, commis- 
sioned and sworn, the aforesaid John Dewey, and alter being carefully ex- 
amined and cautioned to testify the truth, the whole truth, and nothing but 
the truth, made solemn oath that the aforesaid deposition by him subscribed, 
contains the truth, the whole truth, and nothing but the truth, relative to the 
cause or subject matter for which it is taken ; taken at the request of Tyler 
Parsons, of Manchester, in the county of Essex, and Commonwealth of Mas- 
sachusetts, merchant, to be used in an action of slander or plea of the case, 
now. pending between James Thurston of said Manchester, clerk, plaintiff, 
and the said Tyler Parsons defendant, and to be tried before the Justices of 
the Circuit Court of Common Pleas for the middle district, for the counties of 
Essex and Middlesex, to be holden at Ipswich in the said county of Essex, 
on the third Monday of March instant. The adverse party living more than 
twenty miles from the place of caption, was not aotified, and did not attend ; 
the said deponent living more than thirty miles from the place of trial, is the 
cause of taking this deposition. SAMUEL PEARSON, Notary Public. 

Essex, ss. C. C. P. March Term, 1820. 
Opened in Court, and filed. 
Attest Ichabod Tucker, Clerk. 

Fees and Expences of taking this Deposition, vis. 

Notifying deponent, „----■- 77 

Deponent's fees, ,.---- 56 

Notary's fees, - - - - - - 1 67 

$S 00 



I JOHN DEWEY, ef Lancaster, New Tfetnp&lre, of lawful age, «fe 
testify and say, that in November or December, 1315, I was at Manchester, 
in the county of Esspx and Commonwealth of Massachusetts, at that time 
(which is the only time that i ever was in Said Manchester) bec;:mc acquaint- 
ed with the Rev. James 'Thurston, then the minister of said Manchester ; and 
that 1 do not now recollect of any improper, unjustifiable or censurable con- 
versation of the said Mr. ! horston. 1 believe that I never saw the said Mr. 
Thurston at any time oi place, and I have not, as I recollect, made to, or re- 
ceived from him, any verbal communication, or forwarded any letter to him 
since 1817— and further 1 say not. JOHN DEWEY. 

Quest, oy J yler Parsons. Did the Rev." James Thurston know of your in- 
tentions to settle at said Manchester as a physician, some time in the 
year 1815 ? 

Ans. Yes, he did. When at Manchester in said November or December, 
I called upon him and informed him that .1 had been advised to settle in 
that place. 

Quest, by same. Did the said Thurston recommend that town to you as & 
favorable place for you to settle in the line of your profession ? 

Ans. While I was at Manchester Mr. T. expressed a wish that I woule 
continue there, and a belief that 1 might do well, if I would tarry there. 

Quest* by the same. Did said Thurston inform you that Doctor Grosvenof 
was about to leave town ? 

Ans. I have no recollection that he ever did. 

Quest, by same. T'id said Thurston state to you, or intimate to you that 
said town would be a convenient place to practice dissections, and that sub- 
jects for dissection might he easily obtained there? If any conversation or 
intimation on the subject,state what it was as respects the subject ©f dissection- 
Ans. It is now more than four years since I was at Manchester, and no 
particular circumstance then occurred to lead me to treasure up conversa- 
tion upon suojectsof this nature, and I do not now recollect conversation of 
the Kev. Mr. Thurston relative to disspctions. It is not improbable that I 
iriight say something to him upon the subject. His answer, if he made any, 
or nis conversation upon the subject, I do not recollect. 

Quest, by same Did said Thurston, or did he not, say any thing, or inti- 
mate any thing to you, relative to the subject of dissection ? 

A. is. I do not now recollect any conversation with Mr. Thurston upon 
the subject. 

Quest by same. Did 31r. Thurston say or intimate to y oh, that subjects 
might be obtained ? 
Ans. If he did, I do not new recollect it. 

Quest, by same. Said Thurston has shewn a letter, purporting to be writ- 
ten by you to him, dated in or about the month of iebruary, 1819, tending 
to exculpate himself from having any connexion with the dissecting busi- 
ness. Now did you ever write him any such letter? 

Ans. I have no recollection of ever having written or forwarded any 
such letter to him. 

Quest, by same. Has said Thurston written you a letter or letters, request- 
ing you to make statements, or say something in his favor, which were in- 
correct ? 

Ans. I do not now think of any instance in which I know that he has. 
Quest, by same. Must ths said "i hurston have known that certain things 
which he requested you to state or certify in his favor were false ? 



73 

Ans. In so far as I now recollect, I do not know that to be the case; 
Qtieet. by same. Has the said Thurston, by appeals to your hopes, fears, 
or affections, endeavored to persuade you to make false statements, in his fa- 
vor, for the purpose as he said, of preventing his being dismissed or driven 
fi-om his people ? 

Ans. I do not recollect of his having requested me to make any statements 
that I know to be false. 

Quest, by same. Has the said Thurston informed you that serious conse- 
quences would result to you and himself, unless you made false statements in 
his favor? 

Ans. I do not at this time think of any statements that he has requested 
sne to make, which I know to be false. 

Quest, by same. Did said Thurston ever inform you that he was in danger 
of being driven from his people in consequence of reports, that he countenan- 
ced the practice of dissection, or to use his own phrase, of " bartering away 
the dead bodies of his people ?" 

Ans. I think something nearly to that amount. 

Quest, by same. Did you relate what said Thurston had said to you on the 
subject of dissection to Dr. Reuben D. Mussey of Hanover, at a time when 
the same was.frt.iu in your memory ? 

Ans. I do not recollect any conversation with Dr. Mussey when Mr, Thurs- 
ton was present. 

Quest, by same. Do you recollect any conversation with Dr. Mussey rela- 
tive to the same, when Mr. JThurston was not present? 

Ans. Not any for which Mr. Thurston could be answerable. 

Quest, by same. Did whatever you told Dr. Mussey, relating to the diffi- 
culties in Manchester with parson Thurston, conform strictly to the truth 
when related to him ? 

Ans. If I ever told him any thing about any difficulties at Manchester, I 
have no reason to suppose that I told him any thing that was not strictly 
true, as I could have no possible inducement to deviate in the least from the 
truth. 

Quest, by same. Do you recollect anyaconversation with Dr. Mussey on the 
subject of said Thurston's conduct towards Dr. Sewall, or with regard to Dr. 
Sewall's difficulties? 

Ans. Not any in which Mr. Thurston took a part. 

Lancaster, N. H. April 20, 1820. JOHN DEWEY. 

Deponent's fees, $ 1 46 

ESSEX, ss. Sup. Jud. Court, April Term, A, D. 1820. Opened and filed. 
Attest, Ichabod Tucker, Clerk. 

In looking carefully over Dewey's testimony, and Doct. Mus- 
sey's, together with the letters from Mussey and from Thurston to 
Dewey, gives the reader a full view of the whole business. The 
reason that Doct. Dewey gives for not coming out, and boldly 
testify full to the conversation between him and Thurston, is ow- 
ing to kindtiesses received from Thurston. What kindnesses were 
these ? Did not Thurston aid him, and had an agency to get Dew- 
ey to Manchester, in 1815? And when there, did he not do all 
in his power to have him stay there ? All attention was paid 
Doct. Dewey from Thurston. Surely, Dewey must feel himself 
under great obligation to Thurston, for all the pains he took with 
him, providing Thurston did not deceive him in retetion to his 
10 



74 

prospects in Manchester. But Doct. Dewey tells Mussey this 
conversation was in confidence, and is given as a reason v* hy he 
did not give an affidavit, as I understand him. Dewey says, that 
whatever conversation he may have had with any one, (meaning 
as you will see by his deposition, conversation respecting what 
may have passed between James Thurston and him, in relation 
to dissections,) was made with a strict regard to the truth. 

Now if you believe Doct. Mussey in his tfstimouy, you then 
will believe that Thurston advised Dewey, as stated in Mussey's 
letter to Sewall. Then in Dewey's last deposition, you will see 
that Dewey felt disposed to aid Mr, Thurston all he possibly 
could. Did he not do all in his power to prevent the truth com- 
ing out directly from him ? Did he not suppose if he testified full 
to the point, and that should be known abroad, it would be preju- 
dicial to his interest as a physician. This is the reason why this 
conversation was in confidence, in ray opinion. And further rea- 
son — as Mr. Thurston had done all in his power to aid Dr. Dew- 
ey — he Dewey says he does not wish to injure Mr. Thurston, as 
you will see in Dewey's deposition. The mode that Dewey adop- 
ted in deposing and answering the questions, 1 believe, will be 
considered as amounting to as much as if he testifie-j to the point. 
If such a deposition was before a jury of enlightened men, I be- 
lieve they would consider it as such. You will see the stress he 
lays on the word know in Dalicks; all this diffidence with Duct. 
Dewey, in relation to the conversation of dissection business.— 
After that, you find he testifies to the letter affair,/wZZ and decided. 
Then he says that he has not written or signed any letter at ail to 
James Thurston, since the year 1817 — neither has he reason to 
believe that Thurston had been in that part of the country — and 
neither has he seen James Thurston since the close of the year 
1817. 1 submit my remarks on Doct. Dewey's depositions, to the 
candid reader to judge of the propriety of them for themselves. 

1 proceed to remark — Thurston dismissed 17th of June, 1319. 
The town by their vote 22d of October, voted not to accept the 
doings of the council. Thurston finding no money to be obtained 
that way, he then begins to think it is time to get some, some 
other way — 'by the law.' 

1 shall now proceed to give some general views of the suit 
brought against me; it will be my object to give you the subject 
matter in as concise a manner as possible, that the reader may be 
abk to judge of Thurston's motives and my own. Sometime in 
the month of February, after his dismission, which brings it 1820., 
Mr. Manfield, Deputy Sheriff of the county of Essex, served a 
writ of attachment on nearly all my real estate, for the sum of three 
thousand dollars damages, to answer to James Thurston, in apiea 
of the case, &c. to appear at Ipswich Court, March, 1820— the 
case was continued to April term ; the parties appeared with a 
retinue of evidence on both sides. At that court, the day before 
trial came on, the council entered into the arrangement of settling 
the thmg before a reference The referees were accordingly 
agreed on by council, viz: Aitemas Ward, and Lemuel Shaw, 
Esq'rs. of Boston, Samuel Hoar, Esq of Concord, Mass. taken out 
of Court, and to come before these gentlemen. The referees ac- 
cordingly gave me notice of the lime and place of setting, which 
was in Salem in the month of June, 1820. The parties then and 



75 

there appeared with their evidence. On the part of the plaintiff a 
large number of evidences were summoned, to testify to what I 
should always have been ready to acknowledge — and some others 
testified to that which was never said or done to my knowledge 
or belief The Court having organized themselves, (council for 
the plaintiff, Daniel Webster, Esq. of Boston, Leverett Salton- 
stall, Esq. of Salem;; for the defendant, (William Prescott, Esq. 
of Boston, David Cummins, and Benjamin R. Nichols, Esq. of 
Salem;) the Writ (read by Mr. Saltonstall,) alleged, I believe, 
eight counts; all relating to lying and stealing — having reference 
to the plantiff's stealing a bundle of shingles from the school-house 
in Manchester. Further — I believe the writ alleged that the de- 
fendant had instituted a mock trial on the plaintitf, &c at a public 
house in Manchester. The charge relied on was stealing. The 
writ as I understood it, claimed special damages as the Minister 
of Manchester. Mr. Saltonstall opened the cause in behalf of hia 
client, with such remarks as he chose. The defence was opened 
by Mr. Cummins, in that way which was calculated to show a just 
defence, providing the laws would admit in this case of such a 
rule. The evidence was then called in support of the writ. 

1st count in the writ. Thurston is a thief and a liar, and I can 
prove it ; he stole a bundle of shingles, and is a liar for denying it. 

2d. Thurston is a thief and a liar; let him say that about me 
and I would take him up for it. He stole that bundle of shingles, 
and if he had done such a trick in Boston, he would have been 
taken up for it very quick. 

3d. Thurston is a thief and a liar; he stole a bundle of shin- 
gles, and is a liar for denying it. 

4th. Thurston is a thief, and I can maintain what I say. 

5th. Thurston is a thief. 

Cth. Thurston is a thief and a liar; and we are going to try 
the Rev. Mr. Thurston again as a thief and a liar. 

7th. He has taken up the business of thieving and lying; it is 
time to dismiss a minister when he has taken up this business. 

8th. Thurston is a thief. 

1 will here remark, that this suit is brought by Thurston, a min- 
ister of the gospel, (as he pretended to be,) and brought without 
ever saying one word to me in his life respecting any injuries sus- 
tained by me whatever. I make this remark here, because that I 
have heard that Thurston should say he had tried every way for 
redress, but could not get any of me. 

The first I knew of Thurston in relation to the shingle business 3 
he attached about all my real estate. His attorney did not even 
request me to attend to any thing of the kind, as is usual for gen- 
tlemen to do. To proceed, this suit was brought when there was 
much heat and ill will got up in Manchester, as you will .see by 
the meetings. Therefore it called into action on the part of the 
plaintitf, as I shall be able to show you ; a list of the characters in 
support of his writ. 

Sargent Burnham, master builder of the school-house, from 
which Thurston obtained the shingles. William Pert, Lyman 
Berry, he lived at a tavern as a servant, to take care of the hor- 
ses, at the time that the committee for the school-house set at the 
tavern to close their accounts ; what is called in the writ, a mock 
trial of Thurston. Zaccheus Goldsmith — a Mr. Brown of Ams- 



bury, then at work at Manchester, when he heard the words of his 
testimony spoken by the defendant. A Mr. Brown of Dorches- 
ter — passing through Manchester and heard certain words spoken 
as he says by defendant. Ephraira Cloutman, a man from Salem 
poor-house. 

On the stand — Mr. Sargent Burnham testified that the defend- 
ant sent him to Mr. Thurston, to tell him to bring the shingles 
back that he had got from the school-house. Mr. Parsons said 
that he considered nothing more than theft — for the particular cir- 
cumstances that led me to say to Burnham, as testified ; which 
was, I believe, true ; you will see in Burnham's affidavit annexed. 

I will here remark, that Mr. Burnham being Thurston's evi- 
dence, I was cautious asking many questions — therefore he went 
off the stand without stating the whole truth. He does not tell us 
so directly as he does in bis affidavit, that Thurston carne to him 
for the purpose of getting him to swear falsely, as Burnham says 
in his deposition- The reason Mr. Burnham assigns for not sta- 
ting it in courtis, that he expected the question would be asked 
him. I refer you to Burnham's affidavit to show how it should stand. 

William Pert's testimony was, that he heard Mr. Parsons say 
that Thurston was a thief and a liar; or in other words, we are 
going to try James Thurston again for a thief and a liar ; he heard 
these words spoken at the tavern, the evening the committee was 
there, &c. as he (Pert) said. Further— said Pert stated, that at 
Boston at Petis & Hamilton's tavern, he heard Mr. Parsons say 
that Thurston was a thief generally, no qualification. These two 
counts if I recollect, is Pert's testimony. Now let the candid 
reader examine the circum3tanc.es, and the reputation that appears 
to be attached to what Pert generally says, and then judge. You 
will recollect that Pert makes one fourth of alL the writ : and fur- 
ther, that what he says is not qualified at all in relation to taking 
of shingles, or any thing else in particular. Pert on being cross- 
examined, said that he was not in the tavern at that time, but un- 
der the side of the house. Now see what is brought to show that 
his first testimony in the first count was false ; and for the last, I 
ask the reader to judge whether it is likely to be true. 

John Perry Allen testifies, that on the 24th day of May last, on 
board the sloop Dove, of Manchester, in presence of Jonathan 
Hassam, the master of the sloop, Capt. John Lee, and William 
Pert, being present, and was speaking of a certain man getting a 
recommendation from the selectmen of a town, in a certain case, 
which was of great service to him. Capt. Hassam then replied to 
Pert, you could not get a recommendation of the selectmen when 
you wanted it. No, said Pert, I went to Parsons, (meaning the 
defendant,) he being one of the selectmen at that time, and he 
would not give it to me. Damn him, said Pert, I would lose a 
voyage or stay at home three weeks, for the purpose of giving a 
deposition against him. Hassam then replied to Pert, did you 
think you should ever have an opportunity of revenge against 
Parsons at the time he refused to give you a recommendation ? 
No, said Pert. Hassam replied, did you mean to embrace it, if 
you did ? Yes, by God I do, said Pert. Here you see his malice 
and intentions. 

Capt. Sartuel M. Williams testified, that in conversation with 
Pert, in his store, some time after the evening the committee met 



w 

at the tavern, Pert asked him what was going on at the tavern 
that evening, and what was said about Thurstoa. Williams re- 
plied to Pert, were you not there ? No, said Pert, I was listening 
under the windows outside, and heard a good deal of noise; but 
the wind bio wed so hard I could not tell what was said. 

I will now state to you the particulars respecting the recom- 
mendation that Pert alluded to, when conversing with Hassam on 
board the sloop. Some time in the year of 1817, I believe it to 
have been in the middle of July, William Pert applied to the se- 
lectmen of Manchester, Maj. Israel Foster, Henry Lee, and my- 
self, selectmen, for the purpose of certifying to a court of the Uni- 
ted States, that we did believe William Pert to be a man of truth, 
and that he had never violated the laws of the country, &c. — He 
bad the certificate all written, as he told me, by his lawyer in 
Boston ; he shew it to me, and wished me to sign it. He further 
stated to me, that his lawyer requested him to get a certificate 
from the minister of the place. I then asked him if he had got 
one. He said he had, and shew me one signed by James Thurs- 
ton. 

He further stated to me, that he had been to Foster and Lee, 
and that they sent him to me, saying to him, if I would sign a cer- 
tificate of that kind, they would. He further stated, that he was 
prosecuted for a supposed violation of the laws, in regard to some 
coffee taken out of his vessel in quarantine ground ; and that he 
was so situated in the business, that a certificate of that kind, would 
probably acquit him. I told him that I could not do it, but could 
say that others said he was a man of truth — having reference to 
Thurston's giving him a certificate; he tried that—- his lawyer, 
(as he Pert said,) sent him the second time, and we refused sign- 
ing such a certificate at all for Pert ; as we could not in answer 
to our own consciences or our country ; as we did not believe him 
to be a man that does regard the truth — and further, we did then 
believe he had violated the laws of the country, in relation to the 
coffee business. 

The reader will now judge of the truth of Pert's testimony — 
you will first discover his wishes to have an opportunity ; he there 
can without any hesitation, take the name of God to witness his 
wicked intentions. In the 2d place, you see that he must be 
false either to Williams or to the Court. 3d, which of these is 
probable that which can do me the most injury ? The last of course. 
Is a man generally considered to be a man of truth, strictly so, 
when he cannot obtain a certificate of the town officers, to certify 
only to the best of their knowledge and belief, that he bears this 
character. Thus far Pert's testimony and remarks. 

Lyman Berry's testimony you will recollect ; he lived at 
the tavern. He stated that when he lived at the tavern, he heard 
Mr. Parsons call Mr. Thurston a thief a thousand times ; this was 
about the amount of his testimony. Look at bis testimony and at 
his character; he there says a thousand times. He does not tell 
when and why ; nothing but he heard Mr. Parsons say that Thurs- 
ton is a thief a thousand times. This same Lyman Berry, when 
living in the family that kept this tavern, he went abroad and be- 
lied his mistress ; and when called on, he acknowledged that he 
had done so, knowing it to be false, and signed a certificate to 
that effect. 



7$ 

[CERTIFICATE.] Manchester, January 2&A, 1820. 

Know all men by these Present?, that I. Lyman Berry, of Manchester, in 
the County of Essex, testify and say, that I have reported unfavorable: 
things against Hannah, the wife of Benjamin Thompson, that has been inju- 
rious to her moral character, and without any reason for said reports. I 
farther testify that Mrs. Thompson has alwavs treated me well. 

LYMAN BERRY, 
Attest, David Colby. The abort is a trut tppy. 

Signed, Haj.mh Thompson. 
Boston, April 8ih, 1823; 

I will here remark, that I was unacquainted with the character 
ef Lyman Berry, at the time he gave his evidence ia court. Had 
his character been fully known at that time, his evidence could 
have had no weight. To the best of my knowledge and belief, 
his evidence was false 

Zaccheus Goldsmith's deposition I next referyou to. Fie proves 
one count in the writ. I believe bis testimony was gives to the 
best of his knowledge. 

I ZACCHEUS GOLDSMITH, of Manchester, in the county of Es- 
ses and Commonwealth of Massachusetts, mariner, of lawful age. depose 
and say, that aooui the last of May last, L was at work upon a vessel in 
Manchester, at the town landing, so c died — Mr. Parsons and a number of 

other gentlemen w -re present ; I heard them talking about a bundle of 
iiingles, Mr. Thurston was said to have taken from the school house. They 
had got pretty much through with their talking, when .'dr. Parsons stepped 
on to the stick of timber that I was hewing, and said, " at any rate, he is a 
thief and a liar — let him say that about me. and I'll take him up for it pretty 
quick.'' Re said, k Tf he had done such a trick in Boston, he wouid have b^-en 
taken up for it very quick." That was all L heard, and the com; any went off, 

Question by Rev. James Thurston. Were the declarations you have men- 
tioned, concerning Mr. 1 hurst ~ri ? 

Aus. They were talking about Mr. lhurston before Mr. Parsons stept 
onto the timoer. I heard :»Ir. Thurston's name mentioned two or three 
times : but Mr. Parsons did not make use of Mr, Thur?ton's name, when he 
made the declarations above stated 

Quest, by same. Have you heard Mr. Parsons use similar language con* 
cerning Mr. Thurston at other times? 

Ans. Xo. I have heard .Tr. Parsons and other gentlemen talking aboirf 
Mr Thurston, and have heard a word or two. but nothing that L can recol- 
lect. When Tr. Parsons made the declaration to v:h eh I have testified. I 
thought he meant what took place in relation to the ouudle of shingles — this 
vvas my understanding at the time. 

Quest by : /yler Parsons. Did you hear Mr. Parsons say Mr. Thurston was 
a thief and a liar? 

Ans. I did not h ear him say " Mr. Thurston 7 '— I did not hear him call any 
lody by name at that time. 

Gtuest. by same Did Mr. Parsons make use of Mr. Thurston's name at all 
in that conversation ? i 

Ans. I could not say that he did — I heard his name mentioned, but I know 
not who it was that mentioned it. 

Quest by *aine- Had the affair of the shingles anv weight on your mind in 
relation to the dismission of Mr. Thurston (rori-i the Parish ? 

Ans. I do not know that I can say that it had any weight, or not. I tho't 
fcut little about the matter — I did not think any the worse of Mr. Thurston on 
account of the sbing'es, nor any better. 

Quest, by same. Did you belong to Thurston's society 'till he was dis- 
missed ? 

Ans. Yes. 

Quest, by same. Do you know what the cause of Mr. Thurston's dismission 
was? 

Ans. No, I do not. 

(Signed) ZACCHEUS GOLDSMITH. 

Manchester, May 23, 1320. 



79 

A Mr. Brown of Amesbury stated in substance, as Mr. Zac* 
eheus Goldsmith, he being to work on the same vessel, I believe, 
and I thiuk it probable he was actuated with proper motives "to 
testify to the truth." A Mr. Brown, of Dorchester, testified, if I 
understood him right, that he was passing through Manchester on 
his way to or from Gloucester, that he made some enquiries of 
the bar keeper in the tavern, what they were doing with Mr. 
Thurston. He said that there was a man there who replied we 
have been trying him for lying and stealing ; and when asked 
whether he knew Mr. Parsons, he replied that he took me to be 
the person. Thus far Mr. Brown. As it respects the testimony, 
I cannot tell any thing about it I have not the most distant 
, knowledge of ever seeing Mr. Brown before in my life ; therefore 
it is not in my power to judge of his evidence. Those that are 
acquainted with the man intimately, will be likely to be the be&t 
judges. To the best of my minutes, the above is the evidence 
without any qualification whatever. 

The next evidence to prove the writ by, as it respects the 
words, is Ephraim Cloutman, of Salem ; he said that he was 
coming from Boston in the stage in company with Mr. Parsons, 
and in conversation with some one respecting Thurston, he heard 
me say that Thurston had taken up the business of thieving and 
lying, and that it was time to dismiss a minister when he had 
taken up this business. What occasioned this conversation, and 
to whom, he does not have any knowledge. He seems to know 
precisely enough to make up oue count in the writ. As he is a 
stranger to me, as 1 have not any knowledge of ever seeing the 
man before or since, neither do I recollect ever seeing him in a 
carriage, as he says. The character of this man is best known, I 
presume to the church he formerly belonged to, and now stands 
excommunicated, and did then at the time he gave testimony, as 
I have since been informed. I believe him to be a worthless 
drinking character. I refer his testimony for the truth of it to 
those that are best acquainted with him. I will here remark, if 
the testimony of William Pert, Lyman Berry, and Ephraim 
Cloutman is to be believed, the writ is pretty well proved as it 
respects the words. 

The evidence on the part of the defendant was sworn, to shew 
the general character ©f Thurston. Capt. William Allen was 
called ; he stated that Mr. Thurston was considered a bad man in 
Manchester, in his disposition imprudent, and had slandered the 
inhabitants of Manchester; and further, he believed that Thurston 
would lie when it suited his interest, and that Thurston had done 
more mischief in Manchester, and had been the means of more 
disturbance, than any man whatever in the world ; and that the 
taking of the shingles had no weight on the minds of the people at 
Manchester in relation to the dismissal of Thurston from Man- 
chester. Thus much for Capt. Allen's evidence. This evidence 
you will recollect was one that never left the society. 

Capt. Samuel M. Williams stated, that he considered Thurs- 
ton to be a bad man, and that he had boarded some time with 
him. On being asked, if any others in Manchester excepting 
those that seceded had the same opinion — he answered he believ- 
ed many others. On being asked what particular acts he was guilty 
of which constituted his character bad, if it was thief, or drunk- 



so 

ard ; answer, not that he knew; but that lie was a bad man geiie^* 
ally, in the habit of slandering; his church members, and Ihe inhab- 
itants of Manchester, and did not pay a due respect to the truth- 

There was a cloud of evidence produced of the same in amount 
as the above, ail tending to show that Thurston was a bad man, 
and was not suitable to fill the place of a preacher, and had be- 
haved so in 3Ianchester. You will remember that the rule that 
this action took, we were not allowed to prove any thing irrela- 
vent to the case of theft ; so of course we had the same in sab- 
stance in all the testimony that testified to his genera! character. 
The testimony of Capt. John Allen, of Capt. Abiel Burgess, of 
Capt. Richard Allen, all was of the same complexion. The a- 
mount of it was. that Thurston is not to be believed for his having 
prevaricated with them in so many instances : and had conducted 
with the town in relation to the meetings he called, and the mode 
he had taken to evade the truth. The circumstances attending 
the charges against Thurston, gave his character, in our opinion, 
this index, as not being a man of truth, ami that we had no con- 
fidence in him as a minister of the gospel — and that he had creat- 
ed much disturbance in the town, <kc. 

The reader will recollect, that on the part of the defence, we 
are not permitted to state any thing but what ha? a bearing to the 
action pending, of course here is where the failure took place. 

The Rev. Mr. Dana was called and enquired of by the defend- 
ant's counsel if he did not know of the plaintiff sustaining the 
character that the evidence for the defendant had stated 1 He 
said he did not know so much before this time or this day. as I 
understood him. He was then enquired of if he was not on the 
council that dismissed Thurston ? He said, yes. Did you not re- 
ceive a written statement from the seceders, as scribe of the coun- 
cil, purporting that Thurston was a bad character, as the evidence 
for the defendant had stated \ Mr. Dana then produced the paper : 
you will see, by looking to the papers submitted to the council on 
the 2d of June by the seceders, viz. the accusation brought a- 
gainst Thurston the 15th of February, 1819, as testified by Smith 
at that time. This was the paper produced by Mr. Dana to the 
Court. This paper was read by the defendant's council. Yoa 
will see the amount of the charge of slander in that paper. The 
evidence was then called up to support the mock trial aliedged in 
the writ. 

1st. Sargent Burnham said that in the winter of 1818, he was 
called to the tavern in Manchester, to give an account of what 
stuff he had delivered from the school house. As 1 was the master 
workman of said house, and that the committee, Mr. Tyler Par- 
sons, Dea. D. L. Bingham, Capt. Abiel Burgess, Major Burtey 
Smith, and Capt. John Knight, was the committee, all present 
except Knight. When I got to the tavern, they were enquiring 
about a bundle of shingles th:t Mr. Thurston had received of me, 
as they said. Capt. Burgess there said that Mr. Thurston told 
him, that I said to Thurston that I was authorized to sell the 
shingles. 1 then declared if Thurston told him so, that Thurston 
•was a liar. There was much said about the business of Thurston's 
getting the shingles. 1 then told the committee that Thurston 
came to me, and enquired if there was any shingles left, that was 
purchased for the house ? 1 told him yes. Thurstou then asked 



&! 

ft*p if he could bare them ? I told hira, I had no doubt but He 
could by seeing the committee about them ; and the next day 
Thurston sent the boy for them, and that I delivered them, sup*- 
posing that Thurston had seen the committee about them ; and 
that I had since seen Mr. Thurston and made some enquiries of 
hira about his seeing the committee, and Thurston then told me, 
that he had settled for them, and that I need not trouble myself 
any more about it. The committee appeared to be put out about 
Thurston's lying about the shingles. I do not remember all that 
was said at that time. I soon came off about 9 o'clock in the 
evening. The foregoing is to the best of my recollection, the sub- 
stance of Mr. Burnham's evidence. 

Dea. D. L. Bingham, Capt. Abial Burgess, Maj Burley Smith, 
and Capt. Sam'l. M. Williams was called to show the fact how they 
came there, and for what purposes. I will here remark in adverting to 
the testimony of one of these evidences, you have the whole of them 
in substance. Here you will see all this great mock trial in Man- 
chester. Dea. D L. Bingham on the stand said, " that in the 
year of 1818, i believe to have been in the winter, myself and 
Mr. Powers, Capt. Burgess ami Major Smith, were met at the 
tavern in Manchester for the purpose of closing our school house 
account, as we had been building a new house in the middle and 
town district, and that we were a committee together with Capt. 
John Knight, to superintend the same, and that Sargent Burnham 
was the master workman, and the man which undertook to do 
{hat business, the building of the house, and was present at that 
time, and that Capt. Knight was absent. On examining the ac- 
counts that Mr. Parsons produced, as he, Mr. Parsons, was the 
principal controller in all the business, we found that Mr. Sargent 
Burnham had given Mr. Parsons the account of all the stuff, that 
he had delivered to every one, except the account of some shin- 
gles that he had delivered to Mr. Thurston. We then enquired 
of each other if Mr. Thurston had applied to any of the commit- 
tee for the shingles, and found that he had not. Capt. Burgess 
then said that Thurston called on him after he had got these shin- 
gles, and told him that he had seen Capt. Knight's wife about 
them, and that Mr. Sargent Burnham told him when he applied 
for them, that he (Burnham) said, that he was authorized to sell 
them. Mr. Burnham then denied it, and said if Mr. Thurston 
says so, he is a liar. We then appointed Capt. Samuel M. Wil- 
liams, (he being present, chairman,) and began to examine the cir- 
cumstances, and found that Mr. Thurston had got the shingles 
without leave of the committee. And further, it was stated hs the 
opinion of the committee, that Mr. Thurston had made false state- 
ments, both to Mr. Burnham, where he said he had settled for 
thtm, and to Capt. Burgess, where he said that Mr. Burnham told 
him that he was authorized to sell them. There was much said 
about the business i>y the committee. 1 have the impression that 
Major Smith and Mr. Parsons made some general remarks about 
the taking of any thing in such a manner as appeared Mr. Thurs* 
ton had in taking the shingles. When asked if Mr. Parsons did not 
declare Thurston a thief at that time, — answer, he (Mr. Parsons,) 
said if Mr. Thurston should have got a piece of goods in Cornhill 
in Boston, or either of us in such a manner, we should be appre- 
hended as a thief in his opinion. And if Mr. Thurston's charac* 
11 



82 

fer was that of a noted thief, he (Thurston) would have been con- 
sidered a thief in this case, in his opinion. Bingham further sta- 
ted that the committee did not think Mr. Thurston intended to 
steal the shingles, hut did obtain them in the manner he did, by- 
way of contempt on the committee ; he not being on speaking 
terms, and not pleased with the school-house being on parsonage 
land ; as he (Thurston) had refused to sign the deed in exchange 
of land. 

I have here given you the whole in substance, of all the evi- 
dence in Bingham's testimony, and of the testimony of Burgess, 
Smith, Williams, and Burnham, on this mock trial. The reader 
will examine the affidavit of Burnham annexed. Look at all the 
circumstances, and then decide whether I did repair to that tav- 
ern for the purpose of instituting a mock trial on James Thurston 
or not. And when there, under such circumstances as 1 was pla- 
ced, whether the remarks drawn against Thurston respecting his 
taking the shingles, were not just; and whether it does not appear 
that Thurston had made false statements about the shingles, both 
to Mr. Burnham and Capt. Burgess — as you will see the proof by- 
looking at their depositions annexed. I submit this part of the 
business with great candor, with this belief, that the reader will 
make proper allowance for strong expressions; and at the same 
time will see they were qualified, providing Thurston's char- 
acter was that of a thief before, I then said, and do now say, that 
I never intended to publish James Thurston as a thief, but did in- 
tend to say that James Thurston had obtained a bundle of shin- 
gles from the school-house, in an ungentleman-like and unchris- 
tian-like manner; and had made false statements in relation to 
the shingles, both to Burnham and Burgess; and if his character 
had been that of a noted thievish character, I should have con- 
sidered him a thief in his taking this bundle of shingles in the 
manner he did : and that is all I intended to convey to any one, 
much of the evidence to the contrary notwithstanding. 

1 would remind the reader there was much excitement at this 
trial. Those that are acquainted with these kind of trials, will 
have to meet with evidence, (as was told to me by a celebrated 
counsellor,) "as coming from the dead " Look at Mr. Burn ham's 
testimony annexed ; there he tells you in so many words, that 
Thurston brings a false paper all written for him to sign, and there 
tells Burnham if he will do that, it shall not hurt him. 

What man is safe in community with such a proceeding as this. 
But Mr. Burnham is a man of too much truth to yield to such a 
base and malicious transaction, as to give a false statement as 
Thurston requested him to do; he said to Thurston he would not 
do it, for it was not true. This is not the first instance, I believe, 
of Thurston's endeavouring to get false testimony. Look at Doct. 
Dewey's statement; he there gays that Mr. Thurston has reques- 
ted him by letter, to give him a statement or certificate, such an 
one as he (Timrston) must know to be false. 

To proceed with the evidence — M^jor Henry Story, Joseph 
Booper, and John Knight, is called on the part of the plaintiff, in 
order to show that there was probably malice in the doings of the 
defendant Henry htory on the stand -—when asked of the char- 
acter of Thurston, he said, that his character for any thing he 
knew to to the contrary, stood fair; and that he had talked with 



8B 

about all the seceders, and that they told him that they had noth- 
ing against Thurston. And when asked by the council for the 
plaintiff, what property Mr. Parsons was worth, he said, he had a 
handsome house in the centre of the town, and had a vessel to the 
West-Indies. Aud further — that he had heard that Parsons had 
said that he had 10,000 dollars to spend in this suit, &c. 

I remark here, that the reader will see this is the famous Henry 
Story thai Mr. Burnham speaks of, as getting him to go to his 
house for fhe purpose of taking down what Burnham had heard me 
say about the shingles, in relation to Thurston's being a thief* at 
the lime that Thurston and Story was in close session at Story's 
house. Further, this is the man that could swear so roundly that he 
never was conquered,ar?d he would he damn'd before he ever would 
be. Further, this is the character that said, (when enquired of 
about the false letter that Thurston had circulated in Manchester, 
to acquit him from the dissection business,) Story said that Thurs- 
ton must do as he did, when he had told a damn'd lie, he must 
swear to it. Thus much for this anarch of confusion. 

Joseph Hooper on the stand — this man is the son in law to 
Story, above mentioned. When asked respecting Thurston's 
character in Manchester, he did not know of any thing but that 
s. his character was/air; there had been a great noise about him, 
with some particular member of the church and society ; but he 
bad searched into the origin of the difficulties, and found them 
without foundation. This is in substance, Hooper's evidence. I 
ask the reader to hear what this Hooper says at the time he was 
on committee, the 29th of March ; there Joseph Hooper was the 
bearer of the doings of the meeting to Thurston. If he did not 
know of any thing against him, why does he go to consult the 
town in relation to advice of council. And further, this same Jo- 
seph Hooper, after Thurston was dismissed, said, in Capt. John 
Lee's fish yard, in presence of witness that is ready to attest to it, 
and a man of truth, that if Thurston was a going to be settled any 
where again, thai he should think it his duty to give that church 
information of the character of Thurston, in order Jo prevent it. 
This you will recollect is after Thurston is dismissed. Now look 
at Hooper at the time that Thurston is dismissed; there you see 
him chairman, as the council say, to the church. I presume they 
mean the remnant of the church; there he recommends Thurston 
in the very highest terms, to any christian society whatever. Is he 
(Hooper) to be believed or not; and if so, which of the particulars. 
is he to be believed? Had he not a fair opportunity to hear all the 
church meetings, aud all the town meetings that took place ? Did 
be not know at that time, that Thurston stood charged with all 
the charges, or nearly alt that this pamphlet contains, and is this 
all nothing to him ? Hooper is one of the bold and inveterate 
church members that so resolutely declared, when at Thurston's 
house, we will sign this petition to the town, &c. 1 refer you to 
that meeting prefixed. 

John Knight called on the stand by plaintiff's council, for the 
purpose of enquiring about what he had heard the defendant say, 
respecting the shingles; he was very particular indeed; he seems 
to know all that I did know, and more. One particular part of his 
statement was, that he came to me respecting thi3 bundle of shin- 
gles, for the purpose of settling with me for them, and that I refvi- 



&4 

§ed; lie then stated that he told me that Thurstoir was a going 
away from Manchester, and that I replied that I should follow 
him. This, together with the most minute particulars, calculated 
to make this impression, as 1 understood him, that I believed that 
Thurston had stole this bundle of shingles, and that I would have 
nuthing to do about the business, but would publish it, &e. The 
above were the principal ideas to be gathered from Knight's testi- 
mony, in order to show malice, as I understood him at that. time. 

I ask the reader to look how this Knight, is situated in this thing, 
He was one of the committee; and if he was satisfied with Thurs- 
ton's conduct, in respect, to the shingles, why not have settled 
"with Thurston himself? But how did he get his information ? Re 
never was on the committee that evening at the tavern ; and so 
of course, be knew nothing of the transaction there. Did he not 
think that Thurston's calling on his wife, to enquire if there was 
any shingles left, at the school-house, and she telling him that she 
heard Mr. Knight say there was— I say, did he not think that was 
sufficient liberty fo- Thurston to send and get them? And if he 
concluded so, why «* d he not receive the pay for the shingles? 
I ask, does it not look like this; his coming to my house, there in- 
troducing the subject for the purpose of becoming evidence against 
me? Take a view of his subsequent conduct, and then judge of his 
evidence. I understood that he voluntarily came from Salem, at 
the time of trial, for the purpose of getting his wife to come to Sa- 
lem as evidence; and 1 was informed that she secreted herself 
from him and the officer, determined not to go to Salem at all 
events, merely to state that which the defendant would admit at 
any time, rather than a woman of fine feelings should be injured 
by coming into court; especially a woman of truth, and delicate 
feelings, as I believed her to be. 

If this evidence was in possession of such feelings as he appear- 
ed to show at this trial, a volunteer, to come from Salem in order 
to get his wife to Court — the most of men wish their wives to be 
exhonerated from Court stands, as it is frequently unpleasant to 
place ladies there. From such unusual engagedness in this cause, 
judge of his evidence; whether it is likely to be given without 
colouring, or garbling, or not I believe he did me mueh injury, 
and his intentions is best known to himself. 

I here remark, the truth to the best of my knowledge is, that 
Knight was at my house, on the business of settling a private ac- 
count; and after that was done, he went into conversation res- 
pecting this bundle of shingles that Thurston had taken, and en- 
quired of me what was to be done about it; for, (said Knight,) 
Thurston is going to move out of town. 1 observed to Knight, 
that I would not have any thing more to do about the shingles. 
I intended to give Knight to understand that 1 believed Thnrstoii 
had taken that bundle of shingles in a very unbecoming manner; 
and all 1 meant, to convey to Knight was, that Thurston had lied 
to Burgess and Burnh; m, about getting the shingles, and that he 
(said Thurston) was precisely that character that Knight had in 
town-meeting some ye rs before, declared Thurston to be. 

The evidence being closed, Mr. Prescott closed the defence. 
His plea was in mitigation of damages. Though the words were 
spoken by the defendant as alleged, there was not an express in- 
tention of malice ; neither could it be implied under such circupv 



80 

stances, and (bat it should have been otherwise disposed of in ara 
equitable manner. His plea would be considered splendid at the 
court, where the whole testimony will come out, and where no- 
thing shall enter that worketh abomination, or maketh a lie — and 
where every man, without distinction of character, shall be dealt 
with agreeably to the deeds done in the body, either good or evil, 
and according to the motives he has in view. 

Mr. Webster closed for the plaintiff with his usual strength of 
intellect and eloquence. The referees made their return at the 
fail term. Damages by referees, fifteen hundred dollars ; cost of 
court about four hundred dollars. Long before this time Thurs- 
ton told some persons that Mr. Parsons' money was not what he 
wanted, and was not. his object; but his character was all he 
wished for. 

Is Thurston to be believed in this particular — does he relin- 
quish this sum allowed him for damages ? No, he does not. On 
the contrary he gets out his execution, sends his officers, has the 
real estate appraised— about all the real estate, dwelling house, 
out buildings, wharf and appendages, together with one wood lot, 
and brought his appraisers from Salem, and the sheriff his, viz. 
Joseph Evelith and Robert Peele. When they arrived, they 
seemed to be ready to appraise, as I was informed by one that I 
chose. They were ready to value the property at less than two 
thirds of what it would fetch, agreeable to the calculation made by 
my appraiser. They appraised the dwelling house for eleven him- 
drcd dollars ; the wood lot for sixty-six dollars, as I understand. 

Capt. Samuel M. Williams, my appraiser, would not have any 
thing to do with them. They proceeded to finish their business, 
and the officer, Mr. Mansfield, made his return. The next project 
was to get the balance. A trustee writ of summons was sent to 
Benjamin and Samuel Foster to appear at the court to be held 
at Ipswich. 

After waiting sufficient time to shew the full intentions of 
Thurston, I got my worthy friend, Samuel Foster, to go to Mr. 
Saltonstall, council for Thurston, and make the best contract he 
could. He paid him the sum of six hundred and fifty dollars, and 
took a discharge. Does this look as if Thurston did not have 
money for his object ? 

I accordingly abandoned the dwelling house to him, sensible 
that no man of spirit or feeling would buy it, or live in it. His 
friend, Henry Story, did all in his power to get some one into it, 
but he could not effect his object. Even the boys in the street 
shew their disapprobation to Thurston's measures. As soon as I 
moved, they committed depredations on the premises ; and in this 
state of things it stood, till July, 1822, about eighteen months 
from the appraisal. Thurston had mortgaged the premises to Mr. 
Saltonstall, as appears by his deed to Abigail Hooper, for be- 
tween three and four hundred dollars. Finding the premises lia- 
ble to complete destruction, induced me to purchase it back, i 
accordingly employed Miss Abigail Hooper for that purpose. She, 
after much labor and difficulty, as she said, obtained it of him for 
the sum of eight hundred dollars. Since which he, Thurston, has 
sold the woodland, as J am credibly informed, to Mr. Isaac Lee, 
for the sum of about seventy dollars. I now ask the candid reader, 
if money, at all events, was not Thurston's object ? In the firs$ 



86 

place, he never once intimated to me that I had injured him in 
the way of explaining his getting the shingles ; and this the read- 
er will remember was in the winter of 1818. Nothing done about 
this thing, but endeavoring to create evidence, as you will see hy 
Burnham's affidavit, until Februarj r , 1820; then a writ put on 
nearly all my property of real estate, for three thousand dollars, 
and special damages, as a minister of Manchester; but it further 
appears, that this shingle business never was made a complaint 
to the council — I do not see it in any of their papers ; neither was 
he dismissed on that account. It appears that the council found 
sufficient cause to dismiss Thurston from Manchester, from diffi- 
culties of a long standing, as they say. I shall now close my re- 
marks, and leave it with the impartial reader, tojudge of the whole 
transaction. I have endeavored to give a plain and unvarnished 
statement of the facts that took place in Manchester between 
James Thurston, as a Congregational preacher in that town, and 
those which seceded from him, with some general view of the 
law suit brought hy Thurston, and the unfortunate result. I have 
given you all the strength of evidence in the case, without the 
least regard to my feelings for or against me, and ask the candid 
public if I cannot with the greatest propriety say with the cele- 
brated Charles Philips, Esq. as delivered at the court of King's 
Bench, in an action between Sharp vs. Yiall, clerk, to recover 
damages for a malicious prosecution for stealing beef and bread, 
value two pence, on Thursday, December 12th, 1822, before the 
Lord Justice and an especial jury:- — " When I meet a minister of 
the gospel, with the patent of his election stamped upon his life — 
humble amid the homage which his merit gains him — poor like 
the dying Fenelon from his charities — pious, not in his preaching 
hut in his acts — a link, as it were, between the earth, which he 
instructs, and the heaven to which he leads — teaching the hap- 
piness of the one, and tipifying the purity of the other — though I 
can admire such men, even in my inmost heart, yet I will not ex- 
tend my reverence to that vermine sanctity which burrows its 
way under the foundations of the temple and eats the bread of the 
shrine it has endangered." And with the celebrated Cowper, I 
wili say, ' ; Would I describe a preacher, such as Paul, were he on 
earth, would hear, approve and own, Paul should himself direct 
me, I would trace his master strokes, and draw from his design — 
I would express him simple, grave, sincere; in doctrine, tmeor- 
rupt; in language plain; and plain in manner; decent, solemn, 
chaste, and natural in gesture, much improved himself, as con- 
scious of his awful charge, and anxious mainly that the flock he 
feeds may feel it too; affectionate in look, and tender in address, 
as well becomes a messenger of grace to guilty men" 

You have the deposition of Mr. Sargent Burnham annexed, to 
show how Thurston got the shingles ; then you will be aide to 
determine how far I misjudged, and the grounds that Thurston 
had to bring such a distressing law suit against me ; and under 
such circumstances whether it was not my duty to the public, to 
myself and family, to come out to the public with the whole truth, 
so far as in my power. Thurston's pretending he should bring a 
law suit against the town, to compel them to abide the decision of 
council, is one of the reasons why this truth has not appeared be- 
.fore this time. It is necessay to examine this memorial in order 



87 

to see if it comports with the facts ia relation to Thurston's doings 
in Manchester. The first tiling in this memorial is, Thurston re- 
minds his friends of the vote of the 15th of May. The next he 
puts them in mind of the votes of the church and town on the 
second day of June. The vote as above mentioned is the vote 
that Thurston and his church asked light and direction at his 
dwelling house the 6th of May, and after adverting to the proceed- 
ings of the town and council, and finding that the town intends to 
dismiss him from his office, contrary to the decision of the coun- 
cil, he then tells them he considers himself their minister, and 
then appears anxious to make a compromise. How do these 
friends of Thurston treat him then ? Thurston there says, that 
they would not permit him to officiate as their minister, and that 
he moved to Exeter; and that he is ready to return to Manchester 
at any time to enter on his official duties, when they shall signify 
their desire of his so doing. This is a fine statement indeed for 
a minister to make, one that pretends in his memorial that his 
ambition was to preserve the affection of his flock, &c. and where 
he was in hopes to spend his days in the bosoms of his beloved 
people, and be a useful minister of the gospel. 

Here you see one third of the town, and a majority of the 
church, had seceded from him, and the other two thirds refused his 
goiug into the pulpit. Still he persists in being their minister. Un- 
der all this noise he pretends to be a useful minister of the gospel. 
I always supposed for any man to preach the gospel to be useful 
to his hearers, he must have the affection, and the good feeling of 
his hearers ; and in order for that, he must be a man of truth, of 
talents, of wisdom, of piety, and of morality ; if so, does this appear 
to be the case of Thurston at Manchester ? Look at the Memorial, 
his letter annexed, with all his doings, and judge for yourselves. 



I, SARGENT BTJRNHAM, of Manchester, county of Essex, state of 
Massachusetts, of lawful age, do testify and say, that in or about July of the 
year 1818 i was employed by Tyler Parsons, D. L. Bingham, Abial Bur- 
gess, Burley Smith, and John Knight, as a committee, for the building of a 
school-house in the town of Manchester, and while at work in said house Mr. 
James Thurston, then minister of said town, came to me and enquired of me 
if there was any of the shingles left that was purchased for the school-house. 
I replied yes, he then asked me if he could have some of them — I replied, no 
doubt you can by seeing the committee about them ; he, (said Thurston) 
went off, and the next day he sent a boy for the shingles. I delivered 
them, supposing that Thurston had seen the committee about then* — 
about eight days afterwards 1 saw Mr. Thurston, and mentioned to him that 
I had delivered the shingles to his boy ; he (said Thurston) offered to pay me 
for the shingles — I refused receiving the pay, telling Mr. Thurston that I was 
not authorised to sell any thing from the school-house — not long afterwards 
Mr. Parsons, one of the committee, called on me for the account of articles 
delivered to any one as by order from the con.mittee. Mr. Parsons appeared 
to be the man who had the principal agency in purchasing the materials, &c 
I then gave him, said Parsons, Me account of all the stuff I had delivered, ex- 
cepting the shingles delivered Thurston — and the reason I did not give Mr. 
Parsons that account, I had an impression that Thurston bad settled for the 



88 

Before ray account was made out Mr. Parsons then said, go and teii Thi;il5* 
ton that he must see them shingles forth coming before to-morrow nij^ht — ion" 
-Said Parsons, I conceive it no more than stealing—Why, said I — he replied* 
that Thurston had no business to have taken them, and you had no business 
to let him have them - You go, said Parsons, to-morrow morning and tell him 
what I tell you. I called on Thurston the next morning — he not being at 
nomff, the next time (which was soon after) I saw Thurston 1 told him, what 
Mr. Parsons said to me. I then asked him if lie had seen the committee about 
them shingles; he replied no, for that he had been in the country some days, 
and that he had neglected it — he then said to me, what shall I do about them 
shingles? I told him that he had better go and settle with the rest of the 
committee — he then observed he would go and see Capt. Knight about thenit, 
When I saw Thurston again he told me that he had settled for the shingled, 
and that I need not trouble myself any thing more about them. This I think 
was in the fall of the year, late in the season of 1818. 

I further testify and say, that not long after I was called on to appear at 
the tavern in Manchester kept by Mr. Thompson. 1 he committee were there 
for the purpose of settling their accounts — as it appeared to me, they were 
speaking about these shingles, as none of the committee present had been paid 
for them, as they said. John Knight was not present— Capt. Burgess there 
stated that Thurston told him that I said I was authorised to sell the shingles 
to him. I then observed to Burgess, if Thurston said so he is a liar, for I 
never told Thurston in my life any such thing. I then stated that Thurston 
told me, that he had settled for the shingles, and that I need not trouble my- 
self any more about it. The meeting broke up, not long afterward I came 
away. 

I further testify and say, that some time in the latter part of the summer of 
5.819, Henry Story came to me and requested me to go with him to his house* 
I accordingly went, I found Mr. Thurston there — he soon began to enquire of 
me w r hat I heard Mr. Parsons say about Thurston's stealing those shingles — 
X then told them — Thurston took down, as 1 supposed, what I said. I went 
<t>ff, and some time afterward Thurston came to me, I think it to have been 
in Dec 1810, to see if I was ready to swear to what I had said — I told him 
that I was; he, Thurston, then produced a paper for me to sign, I refused to 
sign it, stating to him that 1 never had told him that I was authorised to sell 
them shingles, as that paper he had purported. He, Thurston, then told me 
if I would sign it, that it should not hurt me. I told Thurston that I would 
not sign it at all events, for it was not true- — I never had told him so ; there- 
fore i utterly refused to do it. Thurston went off. And further say not. 

SARGENT BURNHAM. 

Manchester, Maich 3d, 1823* 

The above named Sargent Burnham personally appeared before me, and 
uas sworn to the truth of the foregoing deposition^ by him subscribed. 

DAVID COLBY, Justice of the Peace, 



I, SAMUEL M. WILLIAMS, of Manchester, in the county of Essex, 
and commonwealth of Massachusetts, depose and say, that having read the 
charges contained in the pamphlet, entitled " Truth Espoused," when ready 
for the press, do believe these charges contain the reasons why many of the 
inhabitants of Manchester seceded from the society under the care of the 
Rev. James Thurston. 



89 

That I was appointed clerk to a committee, (chosen on tbe 20th of Janu.- 
ary, 1819,) ordered to meet on tbe 15th of Feb'y following— that so far as lam 
acquainted, I believe the account of the proceedings of «ach of those meetings 
to be given correctly. One omission I observed — Mr. Thurston did assert 
before said committee, that he bad a paper purporting a settlement between 
him and Mr. Parsons; he, Parsons, denied hisbaving any, and said Thurston 
was a liar — that if he had any such paper it was a forgery. Parsons called 
for the paper, Thurston declined. 

That so far as I am acquainted with the commencement and prosecution of 
the law suit, Thurston vs. Parsons, as relates to evidence, &c. I believe it is 
given in this pamphlet with a strict regard to truth. That the papers a« they 
are arranged, referring to the town, church, minister, and council, are true 
copies and given correctly ; and so far as I am acquainted it is a correct his- 
tory of their proceedings. 

That the unhappy differences which existed in the course of the foregoing 
proceedings have happily subsided, and the people have united in the settle- 
ment of the Rev. Sani'l M. Emerson as their Pastor. Further say not. 

SAMUEL M. WILLIAMS. 
Manchester, March 15th, 1823. 

The above named Samuel M. Williams personally appeared before me, and 
teas sworn to the truth of the foregoing deposition, by him subscribed. 

DAVID COLBY, Justice of the Peace. 



To the Rev. Samuel M. Emerson, and the Ecclesiastical Council, convened 
at Manchester, on Wednesday, the twelfth day of September, A. D. 1821. 
The Memorial of James Thurston respectfully sheweth, 
That having understood that the said Council are assembled for the- 
purpose of installing the said Emerson as Minister of the church and town 
of Manchester ; his duty to himself, his family, his profession, and the reli- 
gion to which he has devoted himself, compels him to state the following 
facts, which he humhly conceives, shew conclusively that the ministerial 
Corfu-act between himself and the said town of Manchester, has never been 
dissolved. 

On the nineteenth day of April, A. D. 1809, your memorialist was duly 
and regularly installed at Manchester. Before the fifteenth day of May, 
1819, in consequence of some unhappy circumstances, which it is not neces- 
sary more particularly to mention, your memorialist, and the church under 
his care, agreed to request the town to unite with them in calling a mutual 
ecclesiastical council, and a copy of their application to the town as annexed 
marked No. 1. At a town meeting on the 15th day of May, 1819, the ioX- 
lowing vote passed, viz. 

" That the town will agree with the Rev. James Thurston and the church, 
in calling a mutual ecclesiastical council, for advice ; and to submit to the der 
cision of the council on fair and equitable terms, the subject of our difficulties, 
and the dissolution of the pastoral and ministerial relation in this place, if the 
council shall judge it expedient that our connexion be dissolved. At the same 
meeting the churches to compose the council were agreed upon — A copy of 
the proceedings at the said town meeting is annexed, marked No. 2. A mu- 
tual ecclesiastical council did accordingly assemble at said Manchester, <Jtt 
1% 



90 

the second day of June, 1819, agreeably to the vote of th-? town, in cowbttf* 
rence with the wishes of the pastor, and the church, for the purpose of cot** 
sidering, on fair and equitable ierms the subject of the difficulties then subsist- 
ing, &c » 

After having carefully considered the subjects referred to them,tm thesev- 
enteenth of June, 1819, they came to a result, which was publicly read, ami 
they decided, " that the stated labors of your memorialist should be closed af- 
ter the last sabbath in June, and that the toy n should take the real estate of 
the Rev. Mr. Thurston off his hands, at such price as shall be determined by 
impartial judges, mutually chosen by the parties, taking into consideration its 
original cost and present value. We wish it to be understood, that we are 
far from viewing this as an adequate remuneration, or indeed as any remunera- 
tion to Mr. Thurston. On the ground of equity we cannot but consider him 
as entitled to a liberal compensation for the damages that must be sustained 
by him. But the result is formed in a spirit of accommodation, with an anx- 
ious regard to the welfare both of Mr. Thurston and this people. He is ear- 
nestly recommended to their justice and kindness, in the hope that byall the 
means in their power they will endeavor to lighten the burthen, and allevu 
ate the affliction of his being deprived of the ordinary means of support, and 
brought under the necessity of removing to a distance in such trying circum- 
stances." 

Your memorialist immediately declared his readiness to comply with thede° 
cision of the council, mutually called to decide upon the difficulties between 
himself and the town, and however painful and distressing it might be on the 
terms prescribed to dissolve his connexion with the people whose interests he 
had supposed identified with his own, and with whom he had hoped to pass the 
remainder of his days. This declaration was repeated by him frem the pulpit 
on the last sabbath of July. After this he ceased publicly to officiate, but so 
far from complying with the condition on their part to be performed, on the 
2£d day of October, 1819, at a town meeting then holden they voted " not tc 
accept the recommendation in the result of council, to take Mr. Thurston'* 
real estate" — and also the following vote, that Mr. Thurston is dismissed 
from his ministry in this town. A copy of the record of said meeting is an- 
nexed, marked No. 3. 

Your memorialist, finding it was the intention of the town to dismiss hint 
from his office without auy indemnity, contrary to the decision of the council, 
addressed the committee of the town, and also to the selectmen, a communi- 
cation, a copy of which is annexed marked No. 4 — an answer was received the 
24th day of December, 1819, and a copy is annexed market! No. 5. 

Since that time, your memorialist has repeatedly made known to individu- 
als, the principal inhabitants of Manchester, his desire for a settlement accor- 
ding to the decision of the council, and that he still considered himself t'vx- 
minister of the town, being very soiicilous for an amicable adjustment, on the 
21st of May last he made a communication to the committee of said town, s» 
copy of which is annexed, marked No. 6. Not being permitted to officiates.* 
minister, your memorialist moved to Exeter, N. H. in but has been 

ready at any time to return to Manchester, and enter again upon all his offi- 
cial duties should the town signify their desire of his so doing. Your memo- 
rialist has thought it his duty, after the most serious deliberation in concur- 
rence with the advice of his friends with whom he has consulted, not as he 
humbly trusts from any desire to interfere with the wishes of the town, to 
si|bmit to vour consideration the foregoing statement. 



91 

It is hi? anient wish, his fervent prayer, that the regular ministratioR of the 
gospel may be restored to them-- t^at they have not had the uninterrupted 
enjoyment of it he believes this venerable council will be satisfied is not from 
any misconduct or neglect of duty in him. Eut should he now acquiesce in 
the proposed installation, it might operate as a complete abandonment of all 
his claims. He now respectfully calls the attention of the couneil to the cir- 
cumstances of this case, and appeals to them whether he has ever been dismiss- 
ed from his office as minister of Manchester—and if not, whether they can now 
proceed to the installation of another person ? AThat was the contract between 
him and the town, at the time of his installation ? According to the usage of 
our churches and the law of the land, the tenure of his office was not at will, 
but for life, determinable for some good and sufficient cause, or by the con- 
sent of both parties. How has it been determined ? By the decision of the 
council ? That was conditional. He was to be dismissed upon condition, or 
provided that the town should take his real estate, &c. The true constructioa 
of the result of council is in his apprehension perfectly clear and unequivocal. 
If there were any doubt, it has been removed by the declaration in writing of 
every individual uow living, who was upon the council when they came to 
the result, that they considered it as conditional, and did not intend that your 
memorialist should be dismissed, unless the town should comply with the con- 
dition on their part. Who can suppose that the result was obligatory upon 
him alone ? A s the town have expressly refused to comply with the result of 
the council, he humbly conceives that it cannot operate as a dissolution of his 
ministerial compact. Will it be pretended that he has been dismissed by a 
vote of the town ? It cannot be in the power of one party to dissolve a con- 
tract. The consent of both is necessary, otherwise it is really no contract, or 
only at the will of either party. What then was your memorialist to do ?— 
Was he. conscious that he had endeavoured faithfully to discharge his official 
duties, under the most difficult circumstances, to relinquish the contract, to 
abandon his office, his being, without requiring of the town the performance 
of the condition ? 

Had he been alone in the world, aged as he is, he might perhaps have done 
even this, hard as it would have been ; but he has a family who look to him 
for support and protection. No, this could not have been justly expected of 
him— it would not be required in any case between man and man. Who ever 
demanded for his own convenience, the dissolution of a contract, without any 
indemnity? And after all, had the condition prescribed been promptly and 
fully performed, it would have been, as the council suggested, far short of an 
indemnity. Relying on the harmony which attended and followed his settle- 
ment at Manchester, fondly hoping from these auspicious circumstances, that 
lie should there pass his days, in the bosom of his beloved people, he consid- 
ered that place as his earthly home, and bis only ambition was to educate his 
children in a becoming manner, to preserve the affection of his flock, and to 
be a useful minister of the gospel. Then he was comparatively young and 
active, and able to provide for himself and his family — uow he is verging on 
old age, and with his family is cast upon the wide w r orld. But, felessed be 
God, his providence extends over all his works. Is it unreasonable then, 
your memorialist would ask, nay, is it not his duty to call upon this venera- 
ble council to listen to his memorial ? But important as this case is to himself, 
it is still more so to the interests of the profession, and to the general interests 



m 

If the town of Manchester is not holdcn to comply with the terms prescrib- 
ed by the council, or referees, or arbitrators as they may be called, as a condi* 
Hon precedent to his dismission, but their result or award, should be obligato- 
ry on himself alone, contrary to their intention— or if he is to be considered 
as dismissed by the mere void oftht town, the precedent may be fatal to the 
performance or validity of ministerial contracts — Then a minister is com- 
pletely at the will of his parish,and a council is a vain ceremony. How differ- 
ent from those veaerable usages, under which our churches have flourished- 
and been blessed, with a succession of learned and pious pastors from the first 
settlement of our country ! 

In conclusion, your memorialist calls upon the pastor elect, the inhabitants 
of Manchester, and the venerable council there eonvened, to pause and reflect 
— if a ministerial contract is to be considered as dissolved by a vote of a town 
or parish, at the same time that they resolve not to accept the result of a 
council called upon the subject ; what will be the consequence to themselves ; 
and the churches under their care; to the ministers of the gospel, and the 
churches of Christ every where. With the highest respect, in behalf of 

James Thurston, LEVERETT SALTONSTALL. 

Sept. 12, 1821. 

A true copy taken from the original. Attest, DAVID OLIPHANT, 
Seribe of the council convened for iht installation of the Rev. Samuel M, Emerson? 
as pastor over the church and town in Manchester. 

The afore mentioned memorial was treated by me and all of 
us, with the sentiments of Kirk White, viz: 

" I show no respect where I never can feel it, 

And as for contempt, I take no pains to conceal it. ,r 

The council disposed of the memorial to the satisfaction of the 
committee and town. 

[No. 1/j 
A copy of the request for the concurrence of the town in calling a mutual 
council, signed and presented by the pastor and church committee,to the mod- 
erator of the town meeting held May 15, 1819. 
To the inhabitants of the town of Manchester, now convened in town meeting : 
Mr. Moderator and Gentlemen — We the undersigned, by desire of 
the church, mow present you with the proceedings of the church and their pas- 
tor, in relation to the calling of a mutual ecclesiastical council for advice, and 
to submit to the decision ot said council, on fair and equitable terms, the sub- 
ject of our difficulties, and the dissolution of the Rev. James Thurston's pas- 
toral and ministerial relation in this place, if the council shall judge it expe- 
dient that said connexion be dissolved. 

These proceedings are now submitted to the town with our united request 
that you. gentlemen, will approve of the same, and concur with us in calling 
a mutual council for the purposes above expressed. . 

May 15th, 1818. We are, gentlemen , with due respect, 

JAMES THURSTON, Pastor. 

Nathaniel M. Allen, ) 

Joseph Hooper, > Committee of the Church; 

Nehemiah Goldsmith, ) 
A true cop?. Attest, DAVID OLIPHAN J. 



[No. 2] 

At a town meeting, legally notified and held at the meeting-house in Maji> 
Chester, on Saturday the 15th day of May anno domini 1819— 

1st. Chosen moderator, Maj. Israel Foster. 

2d, Voted, that the town will agree with the Rev. James Thurston and 
the church in calling a mutual ecclesiastical council for advice, and to submit 
to the decision of the council, on fair and equitable terms, the subject of oup 
difficulties, and the dissolution of his pastoral and ministerial relation in this 
place, if the council shall judge it expedient that our connexion be dissolved. 

3d. Voted, that the following churches should be sent to, viz. — the church 
under the care of the Rev. Samuel Dana of Marblehead, the churches under 
the care of Doct. Worcester and Rev. Brown Emerson of Salem, the church 
under the care of the Rev. Samuel Walker of Danvers, the church under the 
care of the Rev. Manasseh Cutler of Hamilton, the church under the care of 
the Rev. Robert Crowell of Essex, the churches under the care of the Rev. 
David Jewett and Levi Hartshorn of Gloucester, and the church under the 
care of the Rev. James Miltimore of Newbury. 

4th. Voted to choose a committee to make provision for the council, and 
to give the council information respecting our situation. 

5th. Voted, that the committee consist of five, viz. William Tuck, Esq. 
Maj. Henry Story, Col. David Colby, Capt. Thomag Leach, Maj. Israel Fos- 
ter, Ebenezer Tappan, Capt John Hooper. 

6th. Voted, that the time should be left to the church and pastor for the 
meeting of the council. A true copy as of record. 

DELUCENA L. BINGHAM, Town Clerk, 
A true copy. Attest, DAVID OLIPHANT. 



[No. 3.] 

At a town meeting, legally notified and held at the meeting-house in Man- 
chester on Friday the 22d day of Octeber anno aomini, 1819 — Chosen mode- 
rator, Maj. Israel Foster. 1st. Voted to reconsider the vote which was pass- 
ed July 19th last, to refer Mr. Thurston's affairs to March meeting next. 

2d. Voted to dissolve the meeting «f July 19th last. 

3d. Voted to pass over that article which respected the agreeing with the, 
council and church in his dismission. 

4th. Voted, that the town will not accept the recommendation in the re- 
sult of council, to take Mr Thurston's real estate. 

5th. Voted, that Mr. Thurston is dismissed from his ministry in this town. 

6th. Voted, that we consider the Rev. James Thurston's dismission to have 
taken place on the third sabbath of July last. 

7th. Voted to choose a committee to settle with Mr. Thurston, to consist 
of three, viz. Col. David Colby, Mr. Ebenezer Tappan, Capt. John Knight. 

8th. Voted, that the committee inform Mr. Thurston respecting his dis- 
mission, which took place on the third sabbath in July last. A true copy 
as of record. Attest, DELUCENA L. BINGHAM, Toivn Clerk. 

A true copy. Attest, DAVID OLIPHANT. 

In the afore mentioned town-meeting, the town begins to reason 
and take grounds, such as they should long before hsve taken. 
They now see the intentions of the vote of "the 1 5th May. Th«y 



are not to be trampled on by him any longer. They refuse ex- 
cepting the result of council. They vo * e ms dismission at all 
events; I am inclined to think it was without a dissenting voice. 
They now vote to reconsider all their former votes of July 19th. 
Look at his aaswer annexed ; wholly taken up on the vote of the 
15th of May, and council doings ; the great object is to impress on 
their minds, that under the vote of 15th of May, passed at town- 
meeting, he can recover damages of the town for not abiding the 
result of council. And in h^s last letter annexed, you will see 
that he speaks of the law, and th<,t his demand does not grow less 
by delay As I understand him, his salary is still going on in 
Manchester ; his being dismissed to the contrary notwithstanding* 

[No. 4.] 

Manchester, Oct. 27, 1819. 
To Col. David Cqeby^ Mr. Et*enezer Tappan, and Capt. John- 
Knight. 

Gentlemen — Aa you were chosen a committee at the town meeting. on 
Imclay last, upon the subject of my connexion with this town, as their minis- 
ter,! take the liberty of making to you the following communications, an£ 
through you to the town. 

At a town meeting on the fifteenth day of May last, it was- voted "that 
the town would agree to submit to the decision of a mutual council onfair 
and equitable terms, the subject of our difficulties, and the dissolution of my 
pastoral and ministerial relation in this place, if'the council should judge 
it expedient that it be dissolved," and at the same time the churches to com- 
pose the counsil were agreed upon. 

The council agreed upon met accordingly, and on the itth day of June 
last, came to a result, and decided that my dismission should take place, and 
that the town should take my real estate in Manchester at such price as 
might be determined by impartial judges, or appraisers, mutually chosen, 
taking into consideration its actual cost and present value. The result or 
decision of the council was publicly iead in the meeting house on the 17th? 
of June, and I then declared my readiness to comply with it, and to agree 
with the town upon appraisers ; and again made the same declaration pub- 
licly on the last Sabbath of July, trussing that the town would comply with 
the conditions on their part But as the town at a town meeting held on 
Friday, did vote, not to take my real estate according to the decision of the 
council, I now give notice to them through you that I am ready to supply 
the pulpit, and to renew all my pastoral labors and duties as minister of the 
town according to the terms of my settlement ; my settlement contract be- 
ing considered as continuing. 

Or if the town should reconsider their last vote, and agree to abide the 
decision of the mutual council, or arbitration, and take proper measures to 
carry the same into effect on their part, then I am ready and willing to 
abide by their decision, and to unite with the town in such arrangements as 
are necessary to a full performance of the same in all its conditions. I must 
ask the favor of an explicit answer to this letter as soon as may be conven- 
ient. I am, gentlemen, with due respect, yours, 

JAMES THURSTON. 

A duplicate of the above was sent at the same time to the selectmen, wilt 
only a variation of the first clause, which was as follows- 



95 

To the Selectmen. 
-Gentlemen, — I beg leave to make to you, as selectmen of the town •of 
Manchester, and through you to the town, the following communication. 
At a town meeting, on the 15th day of May last. 
Atrueco^y. Attest, D. Oliphant. 

[No. 5.] 

Manchester, Dec. 24/A, 1819. 
B ;v. James Thurston.— Rev Sir, We have received your letter of 
the^J7th of October, and have laid the same before the town, and according 
to your request we now send you their answer, it being as soon as the sams 
could be conveniently attended to. 

The town, when they agreed upon a mutual council on the subject of our 
difficulties, supposed that the council were to act upon such matters as are usu- 
ally submitted, and not upon concerns which do not belong to such bodies, 
and they do not think that the council did in this instance intend to make it 
a condition of the dissolution, that the tiwn should take your real estate, but 
only to recommend that it should be done. This recommendation the town 
believe to have proceeded from good motives, but having themselves a differ- 
ent view of the subject, they do not feel it to be their duty, under existing 
circumstances, to comply with it. The town cannot but consider the dissolu- 
tion of your pastoral and ministerial connexion t» have already taken place, 
and we are ready to settle with you accordingly. They cannot agree in the 
opinion, that your settlement contract is Still continuing, as you state in your 
letter — and consequently cannot consider themselves under obligations to 
make you compensation for any time since the dissolution of the connexion^ 
In behalf of the town we are respectfully, 

Israel Foster, ) Selectmen 
Henry Lee, \ of 

John Chbever, ) Manchester, 
Atruecopy. Attest, David Oliphant. 



[No. 6.] 

Manchester, January 21, 1821, 
J?& Col. David Colby, Mr. Ebenezer Tappan, and Capt. John Knight : 

Gentlemen — As you were some time since appointed by the town 
of Manchester a committee for the purpose of settling and adjusting my 
claims and demands upon said town, and as there has not yet been a settlement 
between me and the town, and it is very desirable to both that there should 
be — I think it proper to address you on the subject. Influenced by a sincere 
desire of a speedy, just, and happy termination of all differences, I make the 
following propositions, viz : — to refer to three respectable, impartial, indepen- 
dent men my,elaim, on account of the decision of the late council as to the 
town's taking my real estate, or for damages in the premises, and for all my 
demands against the town — the award of the said three men to be final anX 
conclusive between us. If the referees or arbitrators cannot be mutually 
agreed upon between us, (as I have no doubt they can) I am willing to agree 
that any two Judges of the Supreme Court may appoint them. 

Should you think proper to communicate this proposition to the town, it 
will be necessary fot them to appoint agents to enter into a rule, or execute 
*n arbitration board, and conduct the business on their behalf. 



96 

T&ns business is of great importance to me, and I cannot but hope that the 
town will see the justice and prudenceof paying attention to it, and of taking 
such measures as you would do as individuals in any such affair between mart 
and man.* to bring it to a close. If we cannot settle it ourselves, it is certain- 
ly best to leave it to persons in whom we all have confidence, rather than re- 
sort to law. 

In the way above proposed we may hope that our difficulties will be ami- 
cably settled — and gentlemen by a careful perusal of the result of council, you 
will perceive that my demands upon the town do not grow less by deWy, you 
therefore will, I hope.' endeavor to attend to the subject as soon as may be • 
convenient. I am, gentlemen, with due respect, your'h. &c. 

JAMES THURSTON. 
A true -copy. Attest, D. Oliphast. m 



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